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Am. Sub. H. B. No. 186 As Passed by the HouseAs Passed by the House
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Foley, Patten
Cosponsors:
Representatives Boyd, Brown, Domenick, Hagan, Heard, Luckie, Okey, Skindell, Stewart, Yuko, Belcher, Carney, Chandler, Dodd, Dyer, Garland, Harris, Letson, Lundy, Mallory, Pillich, Sayre, Williams, B., Winburn
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, 4781.02, 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,
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, 4781.02, 4781.04, 4781.07, 4781.10, 4781.14,
4781.15, 4781.99, 4905.90, and 6111.46 be amended; and that
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) be amended for
the purpose of adopting new section numbers as indicated in
parentheses; and that sections 2323.05, 3733.111, 4781.121,
4781.54, and 4781.60 of the Revised Code be enacted to read as
follows:
Sec. 1901.18. (A) Except as otherwise provided in this
division or section 1901.181 of the Revised Code, subject to the
monetary jurisdiction of municipal courts as set forth in section
1901.17 of the Revised Code, a municipal court has original
jurisdiction within its territory in all of the following actions
or proceedings and to perform all of the following functions:
(1) In any civil action, of whatever nature or remedy, of
which judges of county courts have jurisdiction;
(2) In any action or proceeding at law for the recovery of
money or personal property of which the court of common pleas has
jurisdiction;
(3) In any action at law based on contract, to determine,
preserve, and enforce all legal and equitable rights involved in
the contract, to decree an accounting, reformation, or
cancellation of the contract, and to hear and determine all legal
and equitable remedies necessary or proper for a complete
determination of the rights of the parties to the contract;
(4) In any action or proceeding for the sale of personal
property under chattel mortgage, lien, encumbrance, or other
charge, for the foreclosure and marshalling of liens on personal
property of that nature, and for the rendering of personal
judgment in the action or proceeding;
(5) In any action or proceeding to enforce the collection of
its own judgments or the judgments rendered by any court within
the territory to which the municipal court has succeeded, and to
subject the interest of a judgment debtor in personal property to
satisfy judgments enforceable by the municipal court;
(6) In any action or proceeding in the nature of
interpleader;
(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
temporary protection orders pursuant to section 2919.26 of the
Revised Code or protection orders pursuant to section 2903.213 of
the Revised Code or the enforcement of protection orders issued by
courts of another state, as defined in section 2919.27 of the
Revised Code;
(10) If the municipal court has a housing or environmental
division, in any action over which the division is given
jurisdiction by section 1901.181 of the Revised Code, provided
that, except as specified in division (B) of that section, no
judge of the court other than the judge of the division shall hear
or determine any action over which the division has jurisdiction;
(11) In any action brought pursuant to division (I) of
section 3733.11 4781.40 of the Revised Code, if the residential
premises that are the subject of the action are located within the
territorial jurisdiction of the court;
(12) In any civil action as described in division (B)(1) of
section 3767.41 of the Revised Code that relates to a public
nuisance, and, to the extent any provision of this chapter
conflicts or is inconsistent with a provision of that section, the
provision of that section shall control in the civil action.
(B) The Cleveland municipal court also shall have
jurisdiction within its territory in all of the following actions
or proceedings and to perform all of the following functions:
(1) In all actions and proceedings for the sale of real
property under lien of a judgment of the municipal court or a lien
for machinery, material, or fuel furnished or labor performed,
irrespective of amount, and, in those actions and proceedings, the
court may proceed to foreclose and marshal all liens and all
vested or contingent rights, to appoint a receiver, and to render
personal judgment irrespective of amount in favor of any party.
(2) In all actions for the foreclosure of a mortgage on real
property given to secure the payment of money or the enforcement
of a specific lien for money or other encumbrance or charge on
real property, when the amount claimed by the plaintiff does not
exceed fifteen thousand dollars and the real property is situated
within the territory, and, in those actions, the court may proceed
to foreclose all liens and all vested and contingent rights and
may proceed to render judgments and make findings and orders
between the parties in the same manner and to the same extent as
in similar actions in the court of common pleas.
(3) In all actions for the recovery of real property situated
within the territory to the same extent as courts of common pleas
have jurisdiction;
(4) In all actions for injunction to prevent or terminate
violations of the ordinances and regulations of the city of
Cleveland enacted or promulgated under the police power of the
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio
Constitution, over which the court of common pleas has or may have
jurisdiction, and, in those actions, the court may proceed to
render judgments and make findings and orders in the same manner
and to the same extent as in similar actions in the court of
common pleas.
Sec. 1909.11. A county court judge has jurisdiction in any
action brought pursuant to division (I) of section 3733.11 4781.40
of the Revised Code if the residential premises that are the
subject of the action are located within the territorial
jurisdiction of the judge's county court district.
Sec. 1923.01. (A) As provided in this chapter, any judge of
a county or municipal court or a court of common pleas, within the
judge's proper area of jurisdiction, may inquire about persons who
make unlawful and forcible entry into lands or tenements and
detain them, and about persons who make a lawful and peaceable
entry into lands or tenements and hold them unlawfully and by
force. If, upon the inquiry, it is found that an unlawful and
forcible entry has been made and the lands or tenements are
detained, or that, after a lawful entry, lands or tenements are
held unlawfully and by force, a judge shall cause the plaintiff in
an action under this chapter to have restitution of the lands or
tenements.
(B) An action shall be brought under this chapter within two
years after the cause of action accrues.
(C) As used in this chapter:
(1) "Tenant" means a person who is entitled under a rental
agreement to the use or occupancy of premises, other than premises
located in a manufactured home park, to the exclusion of others,
except that as used in division (A)(6) of section 1923.02 and
section 1923.051 of the Revised Code, "tenant" includes a
manufactured home park resident.
(2) "Landlord" means the owner, lessor, or sublessor of
premises, or the agent or person the landlord authorizes to manage
premises or to receive rent from a tenant under a rental
agreement, except, if required by the facts of the action to which
the term is applied, "landlord" means a park operator.
(3) "Resident" has the same meaning as in section 3733.01
4781.01 of the Revised Code.
(4) "Residential premises" has the same meaning as in section
5321.01 of the Revised Code, except, if required by the facts of
the action to which the term is applied, "residential premises"
has the same meaning as in section 3733.01 4781.01 of the Revised
Code.
(5) "Rental agreement" means any agreement or lease, written
or oral, that establishes or modifies the terms, conditions,
rules, or other provisions concerning the use or occupancy of
premises by one of the parties to the agreement or lease, except
that "rental agreement," as used in division (A)(13) of section
1923.02 of the Revised Code and where the context requires as used
in this chapter, means a rental agreement as defined in division
(D) of section 5322.01 of the Revised Code.
(6) "Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.
(7) "School premises" has the same meaning as in section
2925.01 of the Revised Code.
(8) "Sexually oriented offense" and "child-victim oriented
offense" have the same meanings as in section 2950.01 of the
Revised Code.
(9) "Recreational vehicle" and "mobile home" have the same
meanings as in section 4501.01 of the Revised Code.
(10) "Manufactured home" has the same meaning as in section
3781.06 of the Revised Code.
(11) "Manufactured home park" has the same meaning as in
section 3733.01 4781.01 of the Revised Code and also means any
tract of land upon which one or two manufactured or mobile homes
used for habitation are parked, either free of charge or for
revenue purposes, pursuant to rental agreements between the owners
of the manufactured or mobile homes and the owner of the tract of
land.
(12) "Park operator" has the same meaning as in section
3733.01 4781.01 of the Revised Code and also means a landlord of
premises upon which one or two manufactured or mobile homes used
for habitation are parked, either free of charge or for revenue
purposes, pursuant to rental agreements between the owners of the
manufactured or mobile homes and a landlord who is not licensed as
a manufactured home park operator pursuant to Chapter 3733. 4781.
of the Revised Code.
(13) "Personal property" means tangible personal property
other than a manufactured home, mobile home, or recreational
vehicle that is the subject of an action under this chapter.
(14) "Preschool or child day-care center premises" has the
same meaning as in section 2950.034 of the Revised Code.
Sec. 1923.02. (A) Proceedings under this chapter may be had
as follows:
(1) Against tenants or manufactured home park residents
holding over their terms;
(2) Against tenants or manufactured home park residents in
possession under an oral tenancy, who are in default in the
payment of rent as provided in division (B) of this section;
(3) In sales of real estate, on executions, orders, or other
judicial process, when the judgment debtor was in possession at
the time of the rendition of the judgment or decree, by virtue of
which the sale was made;
(4) In sales by executors, administrators, or guardians, and
on partition, when any of the parties to the complaint were in
possession at the commencement of the action, after the sales, so
made on execution or otherwise, have been examined by the proper
court and adjudged legal;
(5) When the defendant is an occupier of lands or tenements,
without color of title, and the complainant has the right of
possession to them;
(6) In any other case of the unlawful and forcible detention
of lands or tenements. For purposes of this division, in addition
to any other type of unlawful and forcible detention of lands or
tenements, such a detention may be determined to exist when both
of the following apply:
(a) A tenant fails to vacate residential premises within
three days after both of the following occur:
(i) The tenant's landlord has actual knowledge of or has
reasonable cause to believe that the tenant, any person in the
tenant's household, or any person on the premises with the consent
of the tenant previously has or presently is engaged in a
violation of Chapter 2925. or 3719. of the Revised Code, or of a
municipal ordinance that is substantially similar to any section
in either of those chapters, which involves a controlled substance
and which occurred in, is occurring in, or otherwise was or is
connected with the premises, whether or not the tenant or other
person has been charged with, has pleaded guilty to or been
convicted of, or has been determined to be a delinquent child for
an act that, if committed by an adult, would be a violation as
described in this division. For purposes of this division, a
landlord has "actual knowledge of or has reasonable cause to
believe" that a tenant, any person in the tenant's household, or
any person on the premises with the consent of the tenant
previously has or presently is engaged in a violation as described
in this division if a search warrant was issued pursuant to
Criminal Rule 41 or Chapter 2933. of the Revised Code; the
affidavit presented to obtain the warrant named or described the
tenant or person as the individual to be searched and particularly
described the tenant's premises as the place to be searched, named
or described one or more controlled substances to be searched for
and seized, stated substantially the offense under Chapter 2925.
or 3719. of the Revised Code or the substantially similar
municipal ordinance that occurred in, is occurring in, or
otherwise was or is connected with the tenant's premises, and
states the factual basis for the affiant's belief that the
controlled substances are located on the tenant's premises; the
warrant was properly executed by a law enforcement officer and any
controlled substance described in the affidavit was found by that
officer during the search and seizure; and, subsequent to the
search and seizure, the landlord was informed by that or another
law enforcement officer of the fact that the tenant or person has
or presently is engaged in a violation as described in this
division and it occurred in, is occurring in, or otherwise was or
is connected with the tenant's premises.
(ii) The landlord gives the tenant the notice required by
division (C) of section 5321.17 of the Revised Code.
(b) The court determines, by a preponderance of the evidence,
that the tenant, any person in the tenant's household, or any
person on the premises with the consent of the tenant previously
has or presently is engaged in a violation as described in
division (A)(6)(a)(i) of this section.
(7) In cases arising out of Chapter 5313. of the Revised
Code. In those cases, the court has the authority to declare a
forfeiture of the vendee's rights under a land installment
contract and to grant any other claims arising out of the
contract.
(8) Against tenants who have breached an obligation that is
imposed by section 5321.05 of the Revised Code, other than the
obligation specified in division (A)(9) of that section, and that
materially affects health and safety. Prior to the commencement of
an action under this division, notice shall be given to the tenant
and compliance secured with section 5321.11 of the Revised Code.
(9) Against tenants who have breached an obligation imposed
upon them by a written rental agreement;
(10) Against manufactured home park residents who have
defaulted in the payment of rent or breached the terms of a rental
agreement with a park operator. Nothing in this division precludes
the commencement of an action under division (A)(12) of this
section when the additional circumstances described in that
division apply.
(11) Against manufactured home park residents who have
committed two material violations of the rules of the manufactured
home park, of the public health council manufactured homes
commission, or of applicable state and local health and safety
codes and who have been notified of the violations in compliance
with section
3733.13 4781.45 of the Revised Code;
(12) Against a manufactured home park resident, or the estate
of a manufactured home park resident, who as a result of death or
otherwise has been absent from the manufactured home park for a
period of thirty consecutive days prior to the commencement of an
action under this division and whose manufactured home or mobile
home, or recreational vehicle that is parked in the manufactured
home park, has been left unoccupied for that thirty-day period,
without notice to the park operator and without payment of rent
due under the rental agreement with the park operator;
(13) Against occupants of self-service storage facilities, as
defined in division (A) of section 5322.01 of the Revised Code,
who have breached the terms of a rental agreement or violated
section 5322.04 of the Revised Code;
(14) Against any resident or occupant who, pursuant to a
rental agreement, resides in or occupies residential premises
located within one thousand feet of any school premises or
preschool or child day-care center premises and to whom both of
the following apply:
(a) The resident's or occupant's name appears on the state
registry of sex offenders and child-victim offenders maintained
under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim
offenders indicates that the resident or occupant was convicted of
or pleaded guilty to a sexually oriented offense or a child-victim
oriented offense in a criminal prosecution and was not sentenced
to a serious youthful offender dispositional sentence for that
offense.
(15) Against any tenant who permits any person to occupy
residential premises located within one thousand feet of any
school premises or preschool or child day-care center premises if
both of the following apply to the person:
(a) The person's name appears on the state registry of sex
offenders and child-victim offenders maintained under section
2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim
offenders indicates that the person was convicted of or pleaded
guilty to a sexually oriented offense or a child-victim oriented
offense in a criminal prosecution and was not sentenced to a
serious youthful offender dispositional sentence for that offense.
(B) If a tenant or manufactured home park resident holding
under an oral tenancy is in default in the payment of rent, the
tenant or resident forfeits the right of occupancy, and the
landlord may, at the landlord's option, terminate the tenancy by
notifying the tenant or resident, as provided in section 1923.04
of the Revised Code, to leave the premises, for the restitution of
which an action may then be brought under this chapter.
(C)(1) If a tenant or any other person with the tenant's
permission resides in or occupies residential premises that are
located within one thousand feet of any school premises and is a
resident or occupant of the type described in division (A)(14) of
this section or a person of the type described in division (A)(15)
of this section, the landlord for those residential premises, upon
discovery that the tenant or other person is a resident, occupant,
or person of that nature, may terminate the rental agreement or
tenancy for those residential premises by notifying the tenant and
all other occupants, as provided in section 1923.04 of the Revised
Code, to leave the premises.
(2) If a landlord is authorized to terminate a rental
agreement or tenancy pursuant to division (C)(1) of this section
but does not so terminate the rental agreement or tenancy, the
landlord is not liable in a tort or other civil action in damages
for any injury, death, or loss to person or property that
allegedly result from that decision.
(D) This chapter does not apply to a student tenant as
defined by division (H) of section 5321.01 of the Revised Code
when the college or university proceeds to terminate a rental
agreement pursuant to section 5321.031 of the Revised Code.
Sec. 1923.061. (A) Any defense in an action under this
chapter may be asserted at trial.
(B) In an action for possession of residential premises based
upon nonpayment of the rent or in an action for rent when the
tenant or manufactured home park resident is in possession, the
tenant or resident may counterclaim for any amount he the tenant
or resident may recover under the rental agreement or under
Chapter 3733. 4781. or 5321. of the Revised Code. In that event,
the court from time to time may order the tenant or resident to
pay into court all or part of the past due rent and rent becoming
due during the pendency of the action. After trial and judgment,
the party to whom a net judgment is owed shall be paid first from
the money paid into court, and any balance shall be satisfied as
any other judgment. If no rent remains due after application of
this division, judgment shall be entered for the tenant or
resident in the action for possession. If the tenant or resident
has paid into court an amount greater than that necessary to
satisfy a judgment obtained by the landlord, the balance shall be
returned by the court to the tenant or resident.
Sec. 1923.15. During any proceeding involving residential
premises under this chapter, the court may order an appropriate
governmental agency to inspect the residential premises. If the
agency determines and the court finds conditions which constitute
a violation of section 3733.10 4781.38 or 5321.04 of the Revised
Code, and if the premises have been vacated or are to be restored
to the landlord, the court may issue an order forbidding the
re-rental of the property until such conditions are corrected. If
the agency determines and the court finds such conditions, and if
the court finds that the tenant or manufactured home park resident
may remain in possession, the court may order such conditions
corrected. If such conditions have been caused by the tenant or
resident, the court may award damages to the landlord equal to the
reasonable cost of correcting such conditions.
Sec. 2305.01. Except as otherwise provided by this section
or section 2305.03 of the Revised Code, the court of common pleas
has original jurisdiction in all civil cases in which the sum or
matter in dispute exceeds the exclusive original jurisdiction of
county courts and appellate jurisdiction from the decisions of
boards of county commissioners. The court of common pleas shall
not have jurisdiction, in any tort action to which the amounts
apply, to award punitive or exemplary damages that exceed the
amounts set forth in section 2315.21 of the Revised Code. The
court of common pleas shall not have jurisdiction in any tort
action to which the limits apply to enter judgment on an award of
compensatory damages for noneconomic loss in excess of the limits
set forth in section 2315.18 of the Revised Code.
The court of common pleas may on its own motion transfer for
trial any action in the court to any municipal court in the county
having concurrent jurisdiction of the subject matter of, and the
parties to, the action, if the amount sought by the plaintiff does
not exceed one thousand dollars and if the judge or presiding
judge of the municipal court concurs in the proposed transfer.
Upon the issuance of an order of transfer, the clerk of courts
shall remove to the designated municipal court the entire case
file. Any untaxed portion of the common pleas deposit for court
costs shall be remitted to the municipal court by the clerk of
courts to be applied in accordance with section 1901.26 of the
Revised Code, and the costs taxed by the municipal court shall be
added to any costs taxed in the common pleas court.
The court of common pleas has jurisdiction in any action
brought pursuant to division (I) of section 3733.11 4781.40 of the
Revised Code if the residential premises that are the subject of
the action are located within the territorial jurisdiction of the
court.
The courts of common pleas of Adams, Athens, Belmont, Brown,
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,
Meigs, Monroe, Scioto, and Washington counties have jurisdiction
beyond the north or northwest shore of the Ohio river extending to
the opposite shore line, between the extended boundary lines of
any adjacent counties or adjacent state. Each of those courts of
common pleas has concurrent jurisdiction on the Ohio river with
any adjacent court of common pleas that borders on that river and
with any court of Kentucky or of West Virginia that borders on the
Ohio river and that has jurisdiction on the Ohio river under the
law of Kentucky or the law of West Virginia, whichever is
applicable, or under federal law.
Sec. 2323.05. Within ten days after filing with a court to
initiate a foreclosure action against a manufactured home park, a
mortgagee shall provide the manufactured homes commission with a
written notice of that filing and shall provide the court with a
copy of that notice. If the mortgagee does not provide the notice
or copy as this section requires, the court shall dismiss the
foreclosure action without prejudice. Within thirty days after
receiving notice of the filing, the commission shall notify
residents in the park of the foreclosure action.
Sec. 3701.83. (A) There is hereby created in the state
treasury the general operations fund. Moneys in the fund shall be
used for the purposes specified in sections 3701.04, 3701.344,
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3722.04,
3729.07, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07,
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09
of the Revised Code.
(B) The alcohol testing program fund is hereby created in the
state treasury. The director of health shall use the fund to
administer and enforce the alcohol testing and permit program
authorized by section 3701.143 of the Revised Code.
The fund shall receive transfers from the liquor control fund
created under section 4301.12 of the Revised Code. All investment
earnings of the alcohol testing program fund shall be credited to
the fund.
Sec. 3709.085. (A) The board of health of a city or general
health district may enter into a contract with any political
subdivision or other governmental agency to obtain or provide all
or part of any services, including, but not limited to,
enforcement services, for the purposes of Chapter 3704. of the
Revised Code, the rules adopted and orders made pursuant thereto,
or any other ordinances or rules for the prevention, control, and
abatement of air pollution.
(B)(1) As used in division (B)(2) of this section:
(a) "Semipublic disposal system" means a disposal system that
treats the sanitary sewage discharged from publicly or privately
owned buildings or places of assemblage, entertainment,
recreation, education, correction, hospitalization, housing, or
employment, but does not include a disposal system that treats
sewage in amounts of more than twenty-five thousand gallons per
day; a disposal system for the treatment of sewage that is exempt
from the requirements of section 6111.04 of the Revised Code
pursuant to division (F)(7) of that section; or a disposal system
for the treatment of industrial waste.
(b) Terms defined in section 6111.01 of the Revised Code have
the same meanings as in that section.
(2) The board of health of a city or general health district
may enter into a contract with the environmental protection agency
to conduct on behalf of the agency inspection or enforcement
services, for the purposes of Chapter 6111. of the Revised Code
and rules adopted thereunder, for the disposal or treatment of
sewage from semipublic disposal systems. The board of health of a
city or general health district may charge a fee established
pursuant to section 3709.09 of the Revised Code to be paid by the
owner or operator of a semipublic disposal system for inspections
conducted by the board pursuant to a contract entered into under
division (B)(2) of this section, except that the board shall not
charge a fee for those inspections conducted at any recreational
vehicle park, recreation camp, or combined park-camp that is
licensed under section 3729.05 of the Revised Code or at any
manufactured home park that is licensed under section 3733.03 of
the Revised Code.
Sec. 3709.09. (A) The board of health of a city or general
health district may, by rule, establish a uniform system of fees
to pay the costs of any services provided by the board.
The fee for issuance of a certified copy of a vital record or
a certification of birth shall not be less than the fee prescribed
for the same service under division (A)(1) of section 3705.24 of
the Revised Code and shall include the fees required by division
(B) of section 3705.24 and section 3109.14 of the Revised Code.
Fees for services provided by the board for purposes
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code shall
be established in accordance with rules adopted under division (B)
of this section. The district advisory council, in the case of a
general health district, and the legislative authority of the
city, in the case of a city health district, may disapprove any
fee established by the board of health under this division, and
any such fee, as disapproved, shall not be charged by the board of
health.
(B) The public health council shall adopt rules under section
111.15 of the Revised Code that establish fee categories and a
uniform methodology for use in calculating the costs of services
provided for purposes specified in sections 3701.344, 3711.10,
3718.06, 3729.07, 3730.03,
3733.04, 3733.25, and 3749.04 of the
Revised Code. In adopting the rules, the public health council
shall consider recommendations it receives from advisory boards
established either by statute or the director of health for
entities subject to the fees.
(C) Except when a board of health establishes a fee by
adopting a rule as an emergency measure, the board of health shall
hold a public hearing regarding each proposed fee for a service
provided by the board for a purpose specified in section 3701.344,
3711.10, 3718.06, 3729.07, 3730.03, 3733.04, 3733.25, or 3749.04
of the Revised Code. If a public hearing is held, at least twenty
days prior to the public hearing the board shall give written
notice of the hearing to each entity affected by the proposed fee.
The notice shall be mailed to the last known address of each
entity and shall specify the date, time, and place of the hearing
and the amount of the proposed fee.
(D) If payment of a fee established under this section is not
received by the day on which payment is due, the board of health
shall assess a penalty. The amount of the penalty shall be equal
to twenty-five per cent of the applicable fee.
(E) All rules adopted by a board of health under this section
shall be adopted, recorded, and certified as are ordinances of
municipal corporations and the record thereof shall be given in
all courts the same effect as is given such ordinances, but the
advertisements of such rules shall be by publication in one
newspaper of general circulation within the health district.
Publication shall be made once a week for two consecutive weeks
and such rules shall take effect and be in force ten days from the
date of the first publication.
Sec. 3709.092. (A) A board of health of a city or general
health district shall transmit to the director of health all fees
or additional amounts that the public health council requires to
be collected under sections 3701.344, 3718.06, 3729.07, 3733.04,
3733.25, and 3749.04 of the Revised Code. The fees and amounts
shall be transmitted according to the following schedule:
(1) For fees and amounts received by the board on or after
the first day of January but not later than the thirty-first day
of March, transmit the fees and amounts not later than the
fifteenth day of May;
(2) For fees and amounts received by the board on or after
the first day of April but not later than the thirtieth day of
June, transmit the fees and amounts not later than the fifteenth
day of August;
(3) For fees and amounts received by the board on or after
the first day of July but not later than the thirtieth day of
September, transmit the fees and amounts not later than the
fifteenth day of November;
(4) For fees and amounts received by the board on or after
the first day of October but not later than the thirty-first day
of December, transmit the fees and amounts not later than the
fifteenth day of February of the following year.
(B) The director shall deposit the fees and amounts received
under this section into the state treasury to the credit of the
general operations fund created in section 3701.83 of the Revised
Code. Each amount shall be used solely for the purpose for which
it was collected.
Sec. 3729.01. As used in this chapter:
(A) "Camp operator" means the operator of a recreational
vehicle park, recreation camp, combined park-camp, or temporary
park-camp.
(B) "Campsite user" means a person who enters into a campsite
use agreement with a camp operator for the use of a campsite at a
recreational vehicle park, recreation camp, combined park-camp, or
temporary park-camp.
(C) "Combined park-camp" means any tract of land upon which a
combination of five or more self-contained recreational vehicles
or portable camping units are placed and includes any roadway,
building, structure, vehicle, or enclosure used or intended for
use as part of the park facilities. A tract of land that is
subdivided for lease or other contract of the individual lots is a
combined park-camp if a combination of five or more recreational
vehicles or portable camping units are placed on it for
recreation, vacation, or business purposes.
"Combined park-camp" does not include any tract of land used
solely as a temporary park-camp or solely as a manufactured home
park.
(D) "Dependent recreational vehicle" means a recreational
vehicle other than a self-contained recreational vehicle.
"Dependent recreational vehicle" includes a park model.
(E) "Development" means any artificial change to improved or
unimproved real estate, including, without limitation, buildings
or structures, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials, and the
construction, expansion, or substantial alteration of a
recreational vehicle park, recreation camp, or combined park-camp,
for which plan review is required under division (A) of section
3729.03 of the Revised Code. "Development" does not include the
building, construction, erection, or manufacture of any building
to which section 3781.06 of the Revised Code is applicable.
(F) "Director of health" means the director of health or the
director's authorized representative.
(G) "Flood" or "flooding" means either of the following:
(1) A general and temporary condition of partial or complete
inundation of normally dry land areas from any of the following:
(a) The overflow of inland or tidal waters;
(b) The unusual and rapid accumulation or runoff of surface
waters from any source;
(c) Mudslides that are proximately caused by flooding as
defined in division (G)(1)(b) of this section and that are akin to
a river of liquid and flowing mud on the surface of normally dry
land areas, as when earth is carried by a current of water and
deposited along the path of the current.
(2) The collapse or subsidence of land along the shore of a
lake or other body of water as a result of erosion or undermining
that is caused by waves or currents of water exceeding anticipated
cyclical levels or that is suddenly caused by an unusually high
water level in a natural body of water, and that is accompanied by
a severe storm, by an unanticipated force of nature, such as a
flash flood, by an abnormal tidal surge, or by some similarly
unusual and unforeseeable event, that results in flooding as
defined in division (G)(1)(a) of this section.
(H) "Flood plain" means the area adjoining any river, stream,
watercourse, or lake that has been or may be covered by flood
water.
(I) "Licensor" means either the board of health of a city or
general health district, or the authority having the duties of a
board of health in any city as authorized by section 3709.05 of
the Revised Code, or the director of health, when required under
division (B) of section 3729.06 of the Revised Code. "Licensor"
also means an authorized representative of any of those entities
or of the director.
(J) "Manufactured home park" has the same meaning as in
section 3733.01 4781.01 of the Revised Code.
(K) "One-hundred-year flood" means a flood having a one per
cent chance of being equaled or exceeded in any given year.
(L) "One-hundred-year flood plain" means that portion of a
flood plain inundated by a one-hundred-year flood.
(M) "Operator" means the person who has responsible charge of
a recreational vehicle park, recreation camp, combined park-camp,
or temporary park-camp and who is licensed under this chapter.
(N) "Park model" means a recreational vehicle that meets the
American national standard institute standard A119.5(1988) for
park trailers, is built on a single chassis, has a gross trailer
area of not more than four hundred square feet when set up, is
designed for seasonal or temporary living quarters, and may be
connected to utilities necessary for operation of installed
features and appliances.
(O) "Person" has the same meaning as in section 1.59 of the
Revised Code and also includes this state, any political
subdivision of this state, and any other state or local body of
this state.
(P) "Portable camping units" means dependent recreational
vehicles, tents, portable sleeping equipment, and similar camping
equipment used for travel, recreation, vacation, or business
purposes.
(Q) "Recreation camp" means any tract of land upon which five
or more portable camping units are placed and includes any
roadway, building, structure, vehicle, or enclosure used or
intended for use as a part of the facilities of the camp. A tract
of land that is subdivided for lease or other contract of the
individual lots is a recreation camp if five or more portable
camping units are placed on it for recreation, vacation, or
business purposes.
"Recreation camp" does not include any tract of land used
solely for the storage or display for sale of dependent
recreational vehicles, solely as a temporary park-camp, or solely
as a manufactured home park.
(R) "Recreational vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(S) "Recreational vehicle park" means any tract of land used
for parking five or more self-contained recreational vehicles and
includes any roadway, building, structure, vehicle, or enclosure
used or intended for use as part of the park facilities and any
tract of land that is subdivided for lease or other contract of
the individual lots for the express or implied purpose of placing
self-contained recreational vehicles for recreation, vacation, or
business purposes.
"Recreational vehicle park" does not include any tract of
land used solely for the storage or display for sale of
self-contained recreational vehicles, solely as a temporary
park-camp, or solely as a manufactured home park.
(T) "Self-contained recreational vehicle" means a
recreational vehicle that can operate independent of connections
to sewer and water and has plumbing fixtures or appliances all of
which are connected to sewage holding tanks located within the
vehicle. "Self-contained recreational vehicle" includes a park
model.
(U) "Substantially alter" means a change in the layout or
design of a recreational vehicle park, recreation camp, combined
park-camp, or temporary park-camp, including, without limitation,
the movement of utilities or changes in established streets, lots,
or sites or in other facilities.
(V) "Temporary park-camp" means any tract of land used for a
period not to exceed a total of twenty-one days per calendar year
for the purpose of parking five or more recreational vehicles,
dependent recreational vehicles, or portable camping units, or any
combination thereof, for one or more periods of time that do not
exceed seven consecutive days or parts thereof.
(W) "Tract" means a contiguous area of land that consists of
one or more parcels, lots, or sites that have been separately
surveyed regardless of whether the individual parcels, lots, or
sites have been recorded and regardless of whether the one or more
parcels, lots, or sites are under common or different ownership.
Sec. 3733.11. (A)(1) The A manufactured home park operator
shall offer each home owner a written rental agreement for a
manufactured home park lot for a term of one year or more that
contains terms essentially the same as any alternative
month-to-month rental agreement offered to current and prospective
tenants and owners. The park operator shall offer the minimum
one-year rental agreement to the owner prior to installation of
the home in the manufactured home park or, if the home is in the
manufactured home park, prior to the expiration of the owner's
existing rental agreement.
(2) The park operator shall deliver the offer to the owner by
certified mail, return receipt requested, or in person. If the
park operator delivers the offer to the owner in person, the owner
shall complete a return showing receipt of the offer. If the owner
does not accept the offer, the park operator is discharged from
any obligation to make any further such offers. If the owner
accepts the offer, the park operator shall, at the expiration of
each successive rental agreement, offer the owner another rental
agreement, for a term that is mutually agreed upon, and that
contains terms essentially the same as the alternative
month-to-month agreement. The park operator shall deliver
subsequent rental offers by ordinary mail or personal delivery. If
the park operator sells the manufactured home park to another
manufactured home park operator, the purchaser is bound by the
rental agreements entered into by the purchaser's predecessor.
(3) If the park operator sells the manufactured home park for
a use other than as a manufactured home park, the park operator
shall give each tenant and owner a written notification by
certified mail, return receipt requested, or by handing it to the
tenant or owner in person. If the park operator delivers the
notification in person, the recipient shall complete a return
showing receipt of the notification. This notification shall
contain notice of the sale of the manufactured home park, and
notice of the date by which the tenant or owner shall vacate. The
date by which the tenant shall vacate shall be at least one
hundred twenty days after receipt of the written notification, and
the date by which the owner shall vacate shall be at least one
hundred eighty days after receipt of the written notification.
(B) A park operator shall fully disclose in writing all fees,
charges, assessments, including rental fees, and rules prior to a
tenant or owner executing a rental agreement and assuming
occupancy in the manufactured home park. No fees, charges,
assessments, or rental fees so disclosed may be increased nor
rules changed by a park operator without specifying the date of
implementation of the changed fees, charges, assessments, rental
fees, or rules, which date shall be not less than thirty days
after written notice of the change and its effective date to all
tenants or owners in the manufactured home park, and no fee,
charge, assessment, or rental fee shall be increased during the
term of any tenant's or owner's rental agreement. Failure on the
part of the park operator to fully disclose all fees, charges, or
assessments shall prevent the park operator from collecting the
undisclosed fees, charges, or assessments. If a tenant or owner
refuses to pay any undisclosed fees, charges, or assessments, the
refusal shall not be used by the park operator as a cause for
eviction in any court.
(C) A park operator shall promulgate rules governing the
rental or occupancy of a lot in the manufactured home park. The
rules shall not be unreasonable, arbitrary, or capricious. A copy
of the rules and any amendments to them shall be delivered by the
park operator to the tenant or owner prior to signing the rental
agreement. A copy of the rules and any amendments to them shall be
posted in a conspicuous place upon the manufactured home park
grounds.
(D) No park operator shall require an owner to purchase from
the park operator any personal property. The park operator may
determine by rule the style or quality of skirting, equipment for
tying down homes, manufactured or mobile home accessories, or
other equipment to be purchased by an owner from a vendor of the
owner's choosing, provided that the equipment is readily available
to the owner. Any such equipment shall be installed in accordance
with the manufactured home park rules.
(E) No park operator shall charge any owner who chooses to
install an electric or gas appliance in a home an additional fee
solely on the basis of the installation, unless the installation
is performed by the park operator at the request of the owner, nor
shall the park operator restrict the installation, service, or
maintenance of the appliance, restrict the ingress or egress of
repairpersons to the manufactured home park for the purpose of
installation, service, or maintenance of the appliance, nor
restrict the making of any interior improvement in a home, if the
installation or improvement is in compliance with applicable
building codes and other provisions of law and if adequate utility
services are available for the installation or improvement.
(F) No park operator shall require a tenant to lease or an
owner to purchase a manufactured or mobile home from the park
operator or any specific person as a condition of or prerequisite
to entering into a rental agreement.
(G) No park operator shall require an owner to use the
services of the park operator or any other specific person for
installation of the manufactured or mobile home on the residential
premises or for the performance of any service.
(H) No park operator shall:
(1) Deny any owner the right to sell the owner's manufactured
home within the manufactured home park if the owner gives the park
operator ten days' notice of the intention to sell the home;
(2) Require the owner to remove the home from the
manufactured home park solely on the basis of the sale of the
home;
(3) Unreasonably refuse to enter into a rental agreement with
a purchaser of a home located within the operator's manufactured
home park;
(4) Charge any tenant or owner any fee, charge, or
assessment, including a rental fee, that is not set forth in the
rental agreement or, if the rental agreement is oral, is not set
forth in a written disclosure given to the tenant or owner prior
to the tenant or owner entering into a rental agreement;
(5) Charge any owner any fee, charge, or assessment because
of the transfer of ownership of a home or because a home is moved
out of or into the manufactured home park, except a charge for the
actual costs and expenses that are incurred by the park operator
in moving the home out of or into the manufactured home park, or
in installing the home in the manufactured home park and that have
not been reimbursed by another tenant or owner.
(6) Prohibit the indoor or outdoor display either of a for
sale sign by an owner on that owner's lot, including a sign that
indicates the owner is offering the property for sale by owner, or
of a political sign by a tenant or owner on that tenant's or
owner's lot, if the tenant or owner displaying the sign complies
with all applicable sections of the Revised Code and all
applicable municipal and county ordinance and resolutions
regulating the display of such a sign. As used in this section,
"political sign" means a sign that advertises, promotes, endorses,
or opposes an issue that has been certified to appear on the
ballot, or a candidate whose name has been certified to appear on
the ballot, at the next general, special, or primary election.
(I) If the park operator violates any provision of divisions
(A) to (H) of this section, the tenant or owner may
recover
commence a civil action against the park operator for either or
both of the following:
(1) The greater of twenty-five dollars or the actual damages
resulting from the violation, and, if the tenant or owner obtains
a judgment, reasonable attorneys' fees, or terminate;
(2) Termination of the rental agreement.
(J) No rental agreement shall require a tenant or owner to
sell, lease, or sublet the tenant's or owner's interest in the
rental agreement or the manufactured or mobile home that is or
will be located on the lot that is the subject of the rental
agreement to any specific person or through any specific person as
the person's agent.
(K) No park operator shall enter into a rental agreement with
the owner of a manufactured or mobile home for the use of
residential premises, if the rental agreement requires the owner
of the home, as a condition to the owner's renting, occupying, or
remaining on the residential premises, to pay the park operator or
any other person specified in the rental agreement a fee or any
sum of money based on the sale of the home, unless the owner of
the home uses the park operator or other person as the owner's
agent in the sale of the home.
(L) A park operator and a tenant or owner may include in a
rental agreement any terms and conditions, including any term
relating to rent, the duration of an agreement, and any other
provisions governing the rights and obligations of the parties
that are not inconsistent with or prohibited by sections 3733.09
to 3733.20 of the Revised Code or any other rule of law.
(M) Notwithstanding any other provision of the Revised Code,
the owner of a manufactured or mobile home that was previously
titled by a dealer may utilize the services of a manufactured home
housing dealer or broker licensed under Chapter 4517. of the
Revised Code or a person properly licensed under Chapter 4735. of
the Revised Code to sell or lease the home.
Sec. 3733.111. (A) Within ten days after a manufactured home
park is offered for sale, the operator of that park shall notify
the manufactured homes commission and advise it of that sale. The
commission promptly shall notify persons that are interested in
the sale or purchase of manufactured home parks, including persons
included on the list the commission develops pursuant to section
4781.60 of the Revised Code.
(B) At any time a manufactured home park is being sold or
converted for a use other than as a manufactured home park, the
operator shall do both of the following:
(1) Provide each tenant and owner with written notice of the
sale or conversion of the park. The notice shall be delivered by
certified mail, return receipt requested, or by personal delivery.
If the park operator delivers the notice in person, the operator
shall have the recipient complete a return showing receipt of the
notice. The notice shall include the date by which the tenant or
owner must vacate, which for tenants shall be at least one hundred
twenty days after receipt of the written notice and for owners
shall be at least one hundred eighty days after receipt of the
written notice.
(2) Pay relocation expenses to owners of homes in an amount
the commission establishes by rule pursuant to section 4781.60 of
the Revised Code.
(C) Within ten days after a mortgagee files to initiate a
foreclosure action against a manufactured home park, the mortgagee
shall provide written notice of that filing to the manufactured
homes commission and a copy of that notice to the court, as
section 2323.05 of the Revised Code requires.
Sec. 3733.41. As used in sections 3733.41 to 3733.49 of the
Revised Code:
(A) "Agricultural labor camp" means one or more buildings or
structures, trailers, tents, or vehicles, together with any land
appertaining thereto, established, operated, or used as temporary
living quarters for two or more families or five or more persons
intending to engage in or engaged in agriculture or related food
processing, whether occupancy is by rent, lease, or mutual
agreement. "Agricultural labor camp" does not include a hotel or
motel, or a trailer manufactured home park as defined and
regulated pursuant to sections 3733.01 4781.26 to 3733.08 4781.35
of the Revised Code, and rules adopted thereunder.
(B) "Board of health" means the board of health of a city or
general health district or the authority having the duties of a
board of health in any city as authorized by section 3709.05 of
the Revised Code or an authorized representative of the board of
health.
(C) "Director" means the director of the department of health
or his the authorized representative of the director of health.
(D) "Licensor" means the director of health.
(E) "Person" means the state, any political subdivision,
public or private corporation, partnership, association, trust,
individual, or other entity.
(F) "Public health council" means the public health council
as created by section 3701.33 of the Revised Code.
Sec. 3733.99. (A) Whoever violates division (A) of section
3733.08 of the Revised Code is guilty of a misdemeanor of the
fourth degree.
(B) Whoever violates section 3733.30 of the Revised Code is
guilty of a minor misdemeanor. Each day that such violation
continues is a separate offense.
(C)(B) Whoever violates section 3733.48 of the Revised Code
is guilty of a minor misdemeanor.
Sec. 3781.06. (A)(1) Any building that may be used as a
place of resort, assembly, education, entertainment, lodging,
dwelling, trade, manufacture, repair, storage, traffic, or
occupancy by the public, any residential building, and all other
buildings or parts and appurtenances of those buildings erected
within this state, shall be so constructed, erected, equipped, and
maintained that they shall be safe and sanitary for their intended
use and occupancy.
(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the
Revised Code shall be construed to limit the power of the public
health council to adopt rules of uniform application governing
manufactured home parks pursuant to section 3733.02 of the Revised
Code.
(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised
Code do not apply to either of the following:
(1) Buildings or structures that are incident to the use for
agricultural purposes of the land on which the buildings or
structures are located, provided those buildings or structures are
not used in the business of retail trade. For purposes of this
division, a building or structure is not considered used in the
business of retail trade if fifty per cent or more of the gross
income received from sales of products in the building or
structure by the owner or operator is from sales of products
produced or raised in a normal crop year on farms owned or
operated by the seller.
(2) Existing single-family, two-family, and three-family
detached dwelling houses for which applications have been
submitted to the director of job and family services pursuant to
section 5104.03 of the Revised Code for the purposes of operating
type A family day-care homes as defined in section 5104.01 of the
Revised Code.
(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the
Revised Code:
(1) "Agricultural purposes" include agriculture, farming,
dairying, pasturage, apiculture, horticulture, floriculture,
viticulture, ornamental horticulture, olericulture, pomiculture,
and animal and poultry husbandry.
(2) "Building" means any structure consisting of foundations,
walls, columns, girders, beams, floors, and roof, or a combination
of any number of these parts, with or without other parts or
appurtenances.
(3) "Industrialized unit" means a building unit or assembly
of closed construction fabricated in an off-site facility, that is
substantially self-sufficient as a unit or as part of a greater
structure, and that requires transportation to the site of
intended use. "Industrialized unit" includes units installed on
the site as independent units, as part of a group of units, or
incorporated with standard construction methods to form a
completed structural entity. "Industrialized unit" does not
include a manufactured home as defined by division (C)(4) of this
section or a mobile home as defined by division (O) of section
4501.01 of the Revised Code.
(4) "Manufactured home" means a building unit or assembly of
closed construction that is fabricated in an off-site facility and
constructed in conformance with the federal construction and
safety standards established by the secretary of housing and urban
development pursuant to the "Manufactured Housing Construction and
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,
5403, and that has a permanent label or tag affixed to it, as
specified in 42 U.S.C.A. 5415, certifying compliance with all
applicable federal construction and safety standards.
(5) "Permanent foundation" means permanent masonry, concrete,
or a footing or foundation approved by the manufactured homes
commission pursuant to Chapter 4781. of the Revised Code, to which
a manufactured or mobile home may be affixed.
(6) "Permanently sited manufactured home" means a
manufactured home that meets all of the following criteria:
(a) The structure is affixed to a permanent foundation and is
connected to appropriate facilities;
(b) The structure, excluding any addition, has a width of at
least twenty-two feet at one point, a length of at least
twenty-two feet at one point, and a total living area, excluding
garages, porches, or attachments, of at least nine hundred square
feet;
(c) The structure has a minimum 3:12 residential roof pitch,
conventional residential siding, and a six-inch minimum eave
overhang, including appropriate guttering;
(d) The structure was manufactured after January 1, 1995;
(e) The structure is not located in a manufactured home park
as defined by section 3733.01 4781.01 of the Revised Code.
(7) "Safe," with respect to a building, means it is free from
danger or hazard to the life, safety, health, or welfare of
persons occupying or frequenting it, or of the public and from
danger of settlement, movement, disintegration, or collapse,
whether such danger arises from the methods or materials of its
construction or from equipment installed therein, for the purpose
of lighting, heating, the transmission or utilization of electric
current, or from its location or otherwise.
(8) "Sanitary," with respect to a building, means it is free
from danger or hazard to the health of persons occupying or
frequenting it or to that of the public, if such danger arises
from the method or materials of its construction or from any
equipment installed therein, for the purpose of lighting, heating,
ventilating, or plumbing.
(9) "Residential building" means a one-family, two-family, or
three-family dwelling house, and any accessory structure
incidental to that dwelling house. "Residential building" includes
a one-family, two-family, or three-family dwelling house that is
used as a model to promote the sale of a similar dwelling house.
"Residential building" does not include an industrialized unit as
defined by division (C)(3) of this section, a manufactured home as
defined by division (C)(4) of this section, or a mobile home as
defined by division (O) of section 4501.01 of the Revised Code.
(10) "Nonresidential building" means any building that is not
a residential building or a manufactured or mobile home.
(11) "Accessory structure" means a structure that is attached
to a residential building and serves the principal use of the
residential building. "Accessory structure" includes, but is not
limited to, a garage, porch, or screened-in patio.
Sec. 4503.061. (A) All manufactured and mobile homes shall
be listed on either the real property tax list or the manufactured
home tax list of the county in which the home has situs. Each
owner shall follow the procedures in this section to identify the
home to the county auditor of the county containing the taxing
district in which the home has situs so that the auditor may place
the home on the appropriate tax list.
(B) When a manufactured or mobile home first acquires situs
in this state and is subject to real property taxation pursuant to
division (B)(1) or (2) of section 4503.06 of the Revised Code, the
owner shall present to the auditor of the county containing the
taxing district in which the home has its situs the certificate of
title for the home, together with proof that all taxes due have
been paid and proof that a relocation notice was obtained for the
home if required under this section. Upon receiving the
certificate of title and the required proofs, the auditor shall
place the home on the real property tax list and proceed to treat
the home as other properties on that list. After the auditor has
placed the home on the tax list of real and public utility
property, the auditor shall deliver the certificate of title to
the clerk of the court of common pleas that issued it pursuant to
section 4505.11 of the Revised Code, and the clerk shall
inactivate the certificate of title.
(C)(1) When a manufactured or mobile home subject to a
manufactured home tax is relocated to or first acquires situs in
any county that has adopted a permanent manufactured home
registration system, as provided in division (F) of this section,
the owner, within thirty days after the home is relocated or first
acquires situs under section 4503.06 of the Revised Code, shall
register the home with the county auditor of the county containing
the taxing district in which the home has its situs. For the first
registration in each county of situs, the owner or vendee in
possession shall present to the county auditor an Ohio certificate
of title, certified copy of the certificate of title, or
memorandum certificate of title as such are required by law, and
proof, as required by the county auditor, that the home, if it has
previously been occupied and is being relocated, has been
previously registered, that all taxes due and required to be paid
under division (H)(1) of this section before a relocation notice
may be issued have been paid, and that a relocation notice was
obtained for the home if required by division (H) of this section.
If the owner or vendee does not possess the Ohio certificate of
title, certified copy of the certificate of title, or memorandum
certificate of title at the time the owner or vendee first
registers the home in a county, the county auditor shall register
the home without presentation of the document, but the owner or
vendee shall present the certificate of title, certified copy of
the certificate of title, or memorandum certificate of title to
the county auditor within fourteen days after the owner or vendee
obtains possession of the document.
(2) When a manufactured or mobile home is registered for the
first time in a county and when the total tax due has been paid as
required by division (F) of section 4503.06 of the Revised Code or
divisions (E) and (H) of this section, the county treasurer shall
note by writing or by a stamp on the certificate of title,
certified copy of certificate of title, or memorandum certificate
of title that the home has been registered and that the taxes due,
if any, have been paid for the preceding five years and for the
current year. The treasurer shall then issue a certificate
evidencing registration and a decal to be displayed on the street
side of the home. The certificate is valid in any county in this
state during the year for which it is issued.
(3) For each year thereafter, the county treasurer shall
issue a tax bill stating the amount of tax due under section
4503.06 of the Revised Code, as provided in division (D)(6) of
that section. When the total tax due has been paid as required by
division (F) of that section, the county treasurer shall issue a
certificate evidencing registration that shall be valid in any
county in this state during the year for which the certificate is
issued.
(4) The permanent decal issued under this division is valid
during the period of ownership, except that when a manufactured
home is relocated in another county the owner shall apply for a
new registration as required by this section and section 4503.06
of the Revised Code.
(D)(1) All owners of manufactured or mobile homes subject to
the manufactured home tax being relocated to or having situs in a
county that has not adopted a permanent registration system, as
provided in division (F) of this section, shall register the home
within thirty days after the home is relocated or first acquires
situs under section 4503.06 of the Revised Code and thereafter
shall annually register the home with the county auditor of the
county containing the taxing district in which the home has its
situs.
(2) Upon the annual registration, the county treasurer shall
issue a tax bill stating the amount of annual manufactured home
tax due under section 4503.06 of the Revised Code, as provided in
division (D)(6) of that section. When a manufactured or mobile
home is registered and when the tax for the current one-half year
has been paid as required by division (F) of that section, the
county treasurer shall issue a certificate evidencing registration
and a decal. The certificate and decal are valid in any county in
this state during the year for which they are issued. The decal
shall be displayed on the street side of the home.
(3) For the first annual registration in each county of
situs, the county auditor shall require the owner or vendee to
present an Ohio certificate of title, certified copy of the
certificate of title, or memorandum certificate of title as such
are required by law, and proof, as required by the county auditor,
that the manufactured or mobile home has been previously
registered, if such registration was required, that all taxes due
and required to be paid under division (H)(1) of this section
before a relocation notice may be issued have been paid, and that
a relocation notice was obtained for the home if required by
division (H) of this section. If the owner or vendee does not
possess the Ohio certificate of title, certified copy of the
certificate of title, or memorandum certificate of title at the
time the owner or vendee first registers the home in a county, the
county auditor shall register the home without presentation of the
document, but the owner or vendee shall present the certificate of
title, certified copy of the certificate of title, or memorandum
certificate of title to the county auditor within fourteen days
after the owner or vendee obtains possession of the document. When
the county treasurer receives the tax payment, the county
treasurer shall note by writing or by a stamp on the certificate
of title, certified copy of the certificate of title, or
memorandum certificate of title that the home has been registered
for the current year and that the manufactured home taxes due, if
any, have been paid for the preceding five years and for the
current year.
(4) For subsequent annual registrations, the auditor may
require the owner or vendee in possession to present an Ohio
certificate of title, certified copy of the certificate of title,
or memorandum certificate of title to the county treasurer upon
payment of the manufactured home tax that is due.
(E)(1) Upon the application to transfer ownership of a
manufactured or mobile home for which manufactured home taxes are
paid pursuant to division (C) of section 4503.06 of the Revised
Code the clerk of the court of common pleas shall not issue any
certificate of title that does not contain or have attached both
of the following:
(a) An endorsement of the county treasurer stating that the
home has been registered for each year of ownership and that all
manufactured home taxes imposed pursuant to section 4503.06 of the
Revised Code have been paid or that no tax is due;
(b) An endorsement of the county auditor that the
manufactured home transfer tax imposed pursuant to section 322.06
of the Revised Code and any fees imposed under division (G) of
section 319.54 of the Revised Code have been paid.
(2) If all the taxes have not been paid, the clerk shall
notify the vendee to contact the county treasurer of the county
containing the taxing district in which the home has its situs at
the time of the proposed transfer. The county treasurer shall then
collect all the taxes that are due for the year of the transfer
and all previous years not exceeding a total of five years. The
county treasurer shall distribute that part of the collection owed
to the county treasurer of other counties if the home had its
situs in another county during a particular year when the unpaid
tax became due and payable. The burden to prove the situs of the
home in the years that the taxes were not paid is on the
transferor of the home. Upon payment of the taxes, the county
auditor shall remove all remaining taxes from the manufactured
home tax list and the delinquent manufactured home tax list, and
the county treasurer shall release all liens for such taxes. The
clerk of courts shall issue a certificate of title, free and clear
of all liens for manufactured home taxes, to the transferee of the
home.
(3) Once the transfer is complete and the certificate of
title has been issued, the transferee shall register the
manufactured or mobile home pursuant to division (C) or (D) of
this section with the county auditor of the county containing the
taxing district in which the home remains after the transfer or,
if the home is relocated to another county, with the county
auditor of the county to which the home is relocated. The
transferee need not pay the annual tax for the year of acquisition
if the original owner has already paid the annual tax for that
year.
(F) The county auditor may adopt a permanent registration
system and issue a permanent decal with the first registration as
prescribed by the tax commissioner.
(G) When any manufactured or mobile home required to be
registered by this section is not registered, the county auditor
shall impose a penalty of one hundred dollars upon the owner and
deposit the amount to the credit of the county real estate
assessment fund to be used to pay the costs of administering this
section and section 4503.06 of the Revised Code. If unpaid, the
penalty shall constitute a lien on the home and shall be added by
the county auditor to the manufactured home tax list for
collection.
(H)(1) Except as otherwise provided in this division, before
moving a manufactured or mobile home on public roads from one
address within this state to another address within or outside
this state, the owner of the home shall obtain a relocation
notice, as provided by this section, from the auditor of the
county in which the home is located if the home is currently
subject to taxation pursuant to section 4503.06 of the Revised
Code. The auditor shall charge five dollars for the notice, and
deposit the amount to the credit of the county real estate
assessment fund to be used to pay the costs of administering this
section and section 4503.06 of the Revised Code. The auditor shall
not issue a relocation notice unless all taxes owed on the home
under section 4503.06 of the Revised Code that were first charged
to the home during the period of ownership of the owner seeking
the relocation notice have been paid. If the home is being moved
by a new owner of the home or by a party taking repossession of
the home, the auditor shall not issue a relocation notice unless
all of the taxes due for the preceding five years and for the
current year have been paid. A relocation notice issued by a
county auditor is valid until the last day of December of the year
in which it was issued.
If the home is being moved by a sheriff, police officer,
constable, bailiff, or manufactured home park operator, as defined
in section 3733.01 4781.01 of the Revised Code, or any agent of
any of these persons, for purposes of removal from a manufactured
home park and storage, sale, or destruction under section 1923.14
of the Revised Code, the auditor shall issue a relocation notice
without requiring payment of any taxes owed on the home under
section 4503.06 of the Revised Code.
(2) If a manufactured or mobile home is not yet subject to
taxation under section 4503.06 of the Revised Code, the owner of
the home shall obtain a relocation notice from the dealer of the
home. Within thirty days after the manufactured or mobile home is
purchased, the dealer of the home shall provide the auditor of the
county in which the home is to be located written notice of the
name of the purchaser of the home, the registration number or
vehicle identification number of the home, and the address or
location to which the home is to be moved. The county auditor
shall provide to each manufactured and mobile home dealer, without
charge, a supply of relocation notices to be distributed to
purchasers pursuant to this section.
(3) The notice shall be in the form of a one-foot square
yellow sign with the words "manufactured home relocation notice"
printed prominently on it. The name of the owner of the home, the
home's registration number or vehicle identification number, the
county and the address or location to which the home is being
moved, and the county in which the notice is issued shall also be
entered on the notice.
(4) The relocation notice must be attached to the rear of the
home when the home is being moved on a public road. Except as
provided in divisions (H)(1) and (5) of this section, no person
shall drive a motor vehicle moving a manufactured or mobile home
on a public road from one address to another address within this
state unless a relocation notice is attached to the rear of the
home.
(5) If the county auditor determines that a manufactured or
mobile home has been moved without a relocation notice as required
under this division, the auditor shall impose a penalty of one
hundred dollars upon the owner of the home and upon the person who
moved the home and deposit the amount to the credit of the county
real estate assessment fund to pay the costs of administering this
section and section 4503.06 of the Revised Code. If the home was
relocated from one county in this state to another county in this
state and the county auditor of the county to which the home was
relocated imposes the penalty, that county auditor, upon
collection of the penalty, shall cause an amount equal to the
penalty to be transmitted from the county real estate assessment
fund to the county auditor of the county from which the home was
relocated, who shall deposit the amount to the credit of the
county real estate assessment fund. If the penalty on the owner is
unpaid, the penalty shall constitute a lien on the home and the
auditor shall add the penalty to the manufactured home tax list
for collection. If the county auditor determines that a dealer
that has sold a manufactured or mobile home has failed to timely
provide the information required under this division, the auditor
shall impose a penalty upon the dealer in the amount of one
hundred dollars. The penalty shall be credited to the county real
estate assessment fund and used to pay the costs of administering
this section and section 4503.06 of the Revised Code.
(I) Whoever violates division (H)(4) of this section is
guilty of a minor misdemeanor.
Sec. 4503.062. (A) Every operator of a manufactured home
court, or manufactured home park, as defined in section 3733.01
4781.01 of the Revised Code, or when there is no operator, every
owner of property used for such purposes on which three or more
manufactured or mobile homes are located, shall keep a register of
all manufactured and mobile homes that make use of the court,
park, or property. The register shall contain all of the
following:
(1) The name of the owner and all inhabitants of each home;
(2) The ages of all inhabitants of each home;
(3) The permanent and temporary post office addresses of all
inhabitants of each home;
(4) The license number of each home;
(5) The state issuing each such license;
(6) The date of arrival and of departure of each home;
(7) The make and model of each home, if known and if either
of the following applies:
(a) The home enters the court, park, or property on or after
January 1, 2003.
(b) Ownership of the home in the court or park, or on the
property, is transferred on or after January 1, 2003.
(B) The register shall be open to inspection by the county
auditor, the county treasurer, agents of the auditor or treasurer,
and all law enforcement agencies at all times.
(C) Any person who fails to comply with this section shall be
fined not less than twenty-five nor more than one hundred dollars.
Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the
Revised Code:
(A) "Persons" includes individuals, firms, partnerships,
associations, joint stock companies, corporations, and any
combinations of individuals.
(B) "Motor vehicle" means motor vehicle as defined in section
4501.01 of the Revised Code and also includes "all-purpose
vehicle" and "off-highway motorcycle" as those terms are defined
in section 4519.01 of the Revised Code. "Motor vehicle" does not
include a snowmobile as defined in section 4519.01 of the Revised
Code or manufactured and mobile homes.
(C) "New motor vehicle" means a motor vehicle, the legal
title to which has never been transferred by a manufacturer,
remanufacturer, distributor, or dealer to an ultimate purchaser.
(D) "Ultimate purchaser" means, with respect to any new motor
vehicle, the first person, other than a dealer purchasing in the
capacity of a dealer, who in good faith purchases such new motor
vehicle for purposes other than resale.
(E) "Business" includes any activities engaged in by any
person for the object of gain, benefit, or advantage either direct
or indirect.
(F) "Engaging in business" means commencing, conducting, or
continuing in business, or liquidating a business when the
liquidator thereof holds self out to be conducting such business;
making a casual sale or otherwise making transfers in the ordinary
course of business when the transfers are made in connection with
the disposition of all or substantially all of the transferor's
assets is not engaging in business.
(G) "Retail sale" or "sale at retail" means the act or
attempted act of selling, bartering, exchanging, or otherwise
disposing of a motor vehicle to an ultimate purchaser for use as a
consumer.
(H) "Retail installment contract" includes any contract in
the form of a note, chattel mortgage, conditional sales contract,
lease, agreement, or other instrument payable in one or more
installments over a period of time and arising out of the retail
sale of a motor vehicle.
(I) "Farm machinery" means all machines and tools used in the
production, harvesting, and care of farm products.
(J) "Dealer" or "motor vehicle dealer" means any new motor
vehicle dealer, any motor vehicle leasing dealer, and any used
motor vehicle dealer.
(K) "New motor vehicle dealer" means any person engaged in
the business of selling at retail, displaying, offering for sale,
or dealing in new motor vehicles pursuant to a contract or
agreement entered into with the manufacturer, remanufacturer, or
distributor of the motor vehicles.
(L) "Used motor vehicle dealer" means any person engaged in
the business of selling, displaying, offering for sale, or dealing
in used motor vehicles, at retail or wholesale, but does not mean
any new motor vehicle dealer selling, displaying, offering for
sale, or dealing in used motor vehicles incidentally to engaging
in the business of selling, displaying, offering for sale, or
dealing in new motor vehicles, any person engaged in the business
of dismantling, salvaging, or rebuilding motor vehicles by means
of using used parts, or any public officer performing official
duties.
(M) "Motor vehicle leasing dealer" means any person engaged
in the business of regularly making available, offering to make
available, or arranging for another person to use a motor vehicle
pursuant to a bailment, lease, sublease, or other contractual
arrangement under which a charge is made for its use at a periodic
rate for a term of thirty days or more, and title to the motor
vehicle is in and remains in the motor vehicle leasing dealer who
originally leases it, irrespective of whether or not the motor
vehicle is the subject of a later sublease, and not in the user,
but does not mean a manufacturer or its affiliate leasing to its
employees or to dealers.
(N) "Salesperson" means any person employed by a dealer or
manufactured home broker to sell, display, and offer for sale, or
deal in motor vehicles for a commission, compensation, or other
valuable consideration, but does not mean any public officer
performing official duties.
(O) "Casual sale" means any transfer of a motor vehicle by a
person other than a new motor vehicle dealer, used motor vehicle
dealer, motor vehicle salvage dealer, as defined in division (A)
of section 4738.01 of the Revised Code, salesperson, motor vehicle
auction owner, manufacturer, or distributor acting in the capacity
of a dealer, salesperson, auction owner, manufacturer, or
distributor, to a person who purchases the motor vehicle for use
as a consumer.
(P) "Motor vehicle show" means a display of current models of
motor vehicles whereby the primary purpose is the exhibition of
competitive makes and models in order to provide the general
public the opportunity to review and inspect various makes and
models of motor vehicles at a single location.
(Q) "Motor vehicle auction owner" means any person who is
engaged wholly or in part in the business of auctioning motor
vehicles.
(R) "Manufacturer" means a person who manufactures,
assembles, or imports motor vehicles, including motor homes, but
does not mean a person who only assembles or installs a body,
special equipment unit, finishing trim, or accessories on a motor
vehicle chassis supplied by a manufacturer or distributor.
(S) "Tent-type fold-out camping trailer" means any vehicle
intended to be used, when stationary, as a temporary shelter with
living and sleeping facilities, and that is subject to the
following properties and limitations:
(1) A minimum of twenty-five per cent of the fold-out portion
of the top and sidewalls combined must be constructed of canvas,
vinyl, or other fabric, and form an integral part of the shelter.
(2) When folded, the unit must not exceed:
(a) Fifteen feet in length, exclusive of bumper and tongue;
(b) Sixty inches in height from the point of contact with the
ground;
(d) One ton gross weight at time of sale.
(T) "Distributor" means any person authorized by a motor
vehicle manufacturer to distribute new motor vehicles to licensed
new motor vehicle dealers, but does not mean a person who only
assembles or installs a body, special equipment unit, finishing
trim, or accessories on a motor vehicle chassis supplied by a
manufacturer or distributor.
(U) "Flea market" means a market place, other than a dealer's
location licensed under this chapter, where a space or location is
provided for a fee or compensation to a seller to exhibit and
offer for sale or trade, motor vehicles to the general public.
(V) "Franchise" means any written agreement, contract, or
understanding between any motor vehicle manufacturer or
remanufacturer engaged in commerce and any motor vehicle dealer
that purports to fix the legal rights and liabilities of the
parties to such agreement, contract, or understanding.
(W) "Franchisee" means a person who receives new motor
vehicles from the franchisor under a franchise agreement and who
offers, sells, and provides service for such new motor vehicles to
the general public.
(X) "Franchisor" means a new motor vehicle manufacturer,
remanufacturer, or distributor who supplies new motor vehicles
under a franchise agreement to a franchisee.
(Y) "Dealer organization" means a state or local trade
association the membership of which is comprised predominantly of
new motor vehicle dealers.
(Z) "Factory representative" means a representative employed
by a manufacturer, remanufacturer, or by a factory branch
primarily for the purpose of promoting the sale of its motor
vehicles, parts, or accessories to dealers or for supervising or
contacting its dealers or prospective dealers.
(AA) "Administrative or executive management" means those
individuals who are not subject to federal wage and hour laws.
(BB) "Good faith" means honesty in the conduct or transaction
concerned and the observance of reasonable commercial standards of
fair dealing in the trade as is defined in division (S) of section
1301.01 of the Revised Code, including, but not limited to, the
duty to act in a fair and equitable manner so as to guarantee
freedom from coercion, intimidation, or threats of coercion or
intimidation; provided however, that recommendation, endorsement,
exposition, persuasion, urging, or argument shall not be
considered to constitute a lack of good faith.
(CC) "Coerce" means to compel or attempt to compel by failing
to act in good faith or by threat of economic harm, breach of
contract, or other adverse consequences. Coerce does not mean to
argue, urge, recommend, or persuade.
(DD) "Relevant market area" means any area within a radius of
ten miles from the site of a potential new dealership, except that
for manufactured home or recreational vehicle dealerships the
radius shall be twenty-five miles. The ten-mile radius shall be
measured from the dealer's established place of business that is
used exclusively for the purpose of selling, displaying, offering
for sale, or dealing in motor vehicles.
(EE) "Wholesale" or "at wholesale" means the act or attempted
act of selling, bartering, exchanging, or otherwise disposing of a
motor vehicle to a transferee for the purpose of resale and not
for ultimate consumption by that transferee.
(FF) "Motor vehicle wholesaler" means any person licensed as
a dealer under the laws of another state and engaged in the
business of selling, displaying, or offering for sale used motor
vehicles, at wholesale, but does not mean any motor vehicle dealer
as defined in this section.
(GG)(1) "Remanufacturer" means a person who assembles or
installs passenger seating, walls, a roof elevation, or a body
extension on a conversion van with the motor vehicle chassis
supplied by a manufacturer or distributor, a person who modifies a
truck chassis supplied by a manufacturer or distributor for use as
a public safety or public service vehicle, a person who modifies a
motor vehicle chassis supplied by a manufacturer or distributor
for use as a limousine or hearse, or a person who modifies an
incomplete motor vehicle cab and chassis supplied by a new motor
vehicle dealer or distributor for use as a tow truck, but does not
mean either of the following:
(a) A person who assembles or installs passenger seating, a
roof elevation, or a body extension on a recreational vehicle as
defined in division (Q) and referred to in division (B) of section
4501.01 of the Revised Code;
(b) A person who assembles or installs special equipment or
accessories for handicapped persons, as defined in section 4503.44
of the Revised Code, upon a motor vehicle chassis supplied by a
manufacturer or distributor.
(2) For the purposes of division (GG)(1) of this section,
"public safety vehicle or public service vehicle" means a fire
truck, ambulance, school bus, street sweeper, garbage packing
truck, or cement mixer, or a mobile self-contained facility
vehicle.
(3) For the purposes of division (GG)(1) of this section,
"limousine" means a motor vehicle, designed only for the purpose
of carrying nine or fewer passengers, that a person modifies by
cutting the original chassis, lengthening the wheelbase by forty
inches or more, and reinforcing the chassis in such a way that all
modifications comply with all applicable federal motor vehicle
safety standards. No person shall qualify as or be deemed to be a
remanufacturer who produces limousines unless the person has a
written agreement with the manufacturer of the chassis the person
utilizes to produce the limousines to complete properly the
remanufacture of the chassis into limousines.
(4) For the purposes of division (GG)(1) of this section,
"hearse" means a motor vehicle, designed only for the purpose of
transporting a single casket, that is equipped with a compartment
designed specifically to carry a single casket that a person
modifies by cutting the original chassis, lengthening the
wheelbase by ten inches or more, and reinforcing the chassis in
such a way that all modifications comply with all applicable
federal motor vehicle safety standards. No person shall qualify as
or be deemed to be a remanufacturer who produces hearses unless
the person has a written agreement with the manufacturer of the
chassis the person utilizes to produce the hearses to complete
properly the remanufacture of the chassis into hearses.
(5) For the purposes of division (GG)(1) of this section,
"mobile self-contained facility vehicle" means a mobile classroom
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,
testing laboratory, and mobile display vehicle, each of which is
designed for purposes other than for passenger transportation and
other than the transportation or displacement of cargo, freight,
materials, or merchandise. A vehicle is remanufactured into a
mobile self-contained facility vehicle in part by the addition of
insulation to the body shell, and installation of all of the
following: a generator, electrical wiring, plumbing, holding
tanks, doors, windows, cabinets, shelving, and heating,
ventilating, and air conditioning systems.
(6) For the purposes of division (GG)(1) of this section,
"tow truck" means both of the following:
(a) An incomplete cab and chassis that are purchased by a
remanufacturer from a new motor vehicle dealer or distributor of
the cab and chassis and on which the remanufacturer then installs
in a permanent manner a wrecker body it purchases from a
manufacturer or distributor of wrecker bodies, installs an
emergency flashing light pylon and emergency lights upon the mast
of the wrecker body or rooftop, and installs such other related
accessories and equipment, including push bumpers, front grille
guards with pads and other custom-ordered items such as painting,
special lettering, and safety striping so as to create a complete
motor vehicle capable of lifting and towing another motor vehicle.
(b) An incomplete cab and chassis that are purchased by a
remanufacturer from a new motor vehicle dealer or distributor of
the cab and chassis and on which the remanufacturer then installs
in a permanent manner a car carrier body it purchases from a
manufacturer or distributor of car carrier bodies, installs an
emergency flashing light pylon and emergency lights upon the
rooftop, and installs such other related accessories and
equipment, including push bumpers, front grille guards with pads
and other custom-ordered items such as painting, special
lettering, and safety striping.
As used in division (GG)(6)(b) of this section, "car carrier
body" means a mechanical or hydraulic apparatus capable of lifting
and holding a motor vehicle on a flat level surface so that one or
more motor vehicles can be transported, once the car carrier is
permanently installed upon an incomplete cab and chassis.
(HH) "Operating as a new motor vehicle dealership" means
engaging in activities such as displaying, offering for sale, and
selling new motor vehicles at retail, operating a service facility
to perform repairs and maintenance on motor vehicles, offering for
sale and selling motor vehicle parts at retail, and conducting all
other acts that are usual and customary to the operation of a new
motor vehicle dealership. For the purposes of this chapter only,
possession of either a valid new motor vehicle dealer franchise
agreement or a new motor vehicle dealers license, or both of these
items, is not evidence that a person is operating as a new motor
vehicle dealership.
(II) "Outdoor power equipment" means garden and small utility
tractors, walk-behind and riding mowers, chainsaws, and tillers.
(JJ) "Remote service facility" means premises that are
separate from a licensed new motor vehicle dealer's sales facility
by not more than one mile and that are used by the dealer to
perform repairs, warranty work, recall work, and maintenance on
motor vehicles pursuant to a franchise agreement entered into with
a manufacturer of motor vehicles. A remote service facility shall
be deemed to be part of the franchise agreement and is subject to
all the rights, duties, obligations, and requirements of Chapter
4517. of the Revised Code that relate to the performance of motor
vehicle repairs, warranty work, recall work, and maintenance work
by new motor vehicle dealers.
Sec. 4517.04. Each person applying for a new motor vehicle
dealer's license shall annually
biennially make out and deliver to
the registrar of motor vehicles, before the first day of April,
and upon a blank to be furnished by the registrar for that
purpose, a separate application for license for each county in
which the business of selling new motor vehicles is to be
conducted. The application shall be in the form prescribed by the
registrar, shall be signed and sworn to by the applicant, and, in
addition to any other information required by the registrar, shall
include the following:
(A) Name of applicant and location of principal place of
business;
(B) Name or style under which business is to be conducted
and, if a corporation, the state of incorporation;
(C) Name and address of each owner or partner and, if a
corporation, the names of the officers and directors;
(D) The county in which the business is to be conducted and
the address of each place of business therein;
(E) A statement of the previous history, record, and
association of the applicant and of each owner, partner, officer,
and director, that shall be sufficient to establish to the
satisfaction of the registrar the reputation in business of the
applicant;
(F) A statement showing whether the applicant has previously
applied for a motor vehicle dealer's license, motor vehicle
leasing dealer's license, manufactured home broker's license,
distributor's license, motor vehicle auction owner's license, or
motor vehicle salesperson's license, and the result of the
application, and whether the applicant has ever been the holder of
any such license that was revoked or suspended;
(G) If the applicant is a corporation or partnership, a
statement showing whether any partner, employee, officer, or
director has been refused a motor vehicle dealer's license, motor
vehicle leasing dealer's license, manufactured home broker's
license, distributor's license, motor vehicle auction owner's
license, or motor vehicle salesperson's license, or has been the
holder of any such license that was revoked or suspended;
(H) A statement of the makes of new motor vehicles to be
handled.
The statement required by division (E) of this section shall
indicate whether the applicant or, if applicable, any of the
applicant's owners, partners, officers, or directors,
individually, or as owner, partner, officer, or director of a
business entity, has been convicted of, pleaded guilty, or pleaded
no contest, in a criminal action, or had a judgment rendered
against him the person in a civil action for, a violation of
sections 4549.41 to 4549.46 of the Revised Code, of any
substantively comparable provisions of the law of any other state,
or of subchapter IV of the "Motor Vehicle Information and Cost
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
A true copy of the contract, agreement, or understanding the
applicant has entered into or is about to enter into with the
manufacturer or distributor of the new motor vehicles the
applicant will handle shall be filed with the application. If the
contract, agreement, or understanding is not in writing, a written
statement of all the terms thereof shall be filed. Each such copy
or statement shall bear a certificate signed by each party to the
contract, agreement, or understanding, to the effect that the copy
or statement is true and complete and contains all of the
agreements made or about to be made between the parties.
The application also shall be accompanied by a photograph, as
prescribed by the registrar, of each place of business operated,
or to be operated, by the applicant.
Sec. 4517.09. Each person applying for a salesperson's
license shall annually biennially make out and deliver to the
registrar of motor vehicles, before the first day of July and upon
a blank to be furnished by the registrar for that purpose, an
application for license. The application shall be in the form
prescribed by the registrar, shall be signed and sworn to by the
applicant, and, in addition to any other information required by
the registrar, shall include the following:
(A) Name and post-office address of the applicant;
(B) Name and post-office address of the motor vehicle dealer
or manufactured home broker for whom the applicant intends to act
as salesperson;
(C) A statement of the applicant's previous history, record,
and association, that shall be sufficient to establish to the
satisfaction of the registrar the applicant's reputation in
business;
(D) A statement as to whether the applicant intends to engage
in any occupation or business other than that of a motor vehicle
salesperson;
(E) A statement as to whether the applicant has ever had any
previous application refused, and whether the applicant has
previously had a license revoked or suspended;
(F) A statement as to whether the applicant was an employee
of or salesperson for a dealer or manufactured home broker whose
license was suspended or revoked;
(G) A statement of the motor vehicle dealer or manufactured
home broker named therein, designating the applicant as the
dealer's or broker's salesperson.
The statement required by division (C) of this section shall
indicate whether the applicant individually, or as an owner,
partner, officer, or director of a business entity, has been
convicted of, or pleaded guilty to, in a criminal action, or had a
judgment rendered against the applicant in a civil action for, a
violation of sections 4549.41 to 4549.46 of the Revised Code, of
any substantively comparable provisions of the law of any other
state, or of subchapter IV of the "Motor Vehicle Information and
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
Sec. 4517.10. At the time the registrar of motor vehicles
grants the application of any person for a license as motor
vehicle dealer, motor vehicle leasing dealer, manufactured home
broker, distributor, motor vehicle auction owner, or motor vehicle
salesperson, the registrar shall issue to the person a license.
The registrar shall prescribe different forms for the licenses of
motor vehicle dealers, motor vehicle leasing dealers, manufactured
home brokers, distributors, motor vehicle auction owners, and
motor vehicle salespersons, and all licenses shall include the
name and post-office address of the person licensed.
The fee for a dealer's license, and a motor vehicle leasing
dealer's license, and a manufactured home broker's license shall
be fifty dollars, and the fee for a salesperson's license shall be
ten dollars. The fee for a motor vehicle auction owner's license
shall be one hundred dollars for each location. The fee for a
distributor's license shall be one hundred dollars for each
distributorship. In all cases, the fee shall accompany the
application for license.
The registrar may require each applicant for a license issued
under this chapter to pay an additional fee, which shall be used
by the registrar to pay the costs of obtaining a record of any
arrests and convictions of the applicant from the Ohio bureau of
identification and investigation. The amount of the fee shall be
equal to that paid by the registrar to obtain such record.
If a dealer, or a motor vehicle leasing dealer, or a
manufactured home broker, has more than one place of business in
the county, the dealer or the broker shall make application, in
such form as the registrar prescribes, for a certified copy of the
license issued to the dealer or manufactured home broker for each
place of business operated. In the event of the loss, mutilation,
or destruction of a license issued under sections 4517.01 to
4517.65 of the Revised Code, any licensee may make application to
the registrar, in such form as the registrar prescribes, for a
duplicate copy thereof. The fee for a certified or duplicate copy
of a dealer's, motor vehicle leasing dealer's, manufactured home
broker's, distributor's, or auction owner's license, is two
dollars, and the fee for a duplicate copy of a salesperson's
license is one dollar. All fees for such copies shall accompany
the applications.
Beginning on the effective date of this amendment September
16, 2004, all dealers' licenses, motor vehicle leasing dealers'
licenses, manufactured home broker's licenses, distributors'
licenses, auction owners' licenses, and all salespersons' licenses
issued or renewed shall expire biennially on a day within the
two-year cycle that is prescribed by the registrar, unless sooner
suspended or revoked. Before the first day after the day
prescribed by the registrar in the year that the license expires,
each licensed dealer, motor vehicle leasing dealer,
manufactured
home broker, distributor, and auction owner and each licensed
salesperson, in the year in which the license will expire, shall
file an application, in such form as the registrar prescribes, for
the renewal of such license. The fee provided in this section for
the original license shall accompany the application.
Any salesperson's license shall be suspended upon the
termination, suspension, or revocation of the license of the motor
vehicle dealer or manufactured home broker for whom the
salesperson is acting, or upon the salesperson leaving the service
of the motor vehicle dealer or manufactured home broker; provided
that upon the termination, suspension, or revocation of the
license of the motor vehicle dealer or manufactured home broker
for whom the salesperson is acting, or upon the salesperson
leaving the service of a licensed motor vehicle dealer or
manufactured home broker, the licensed salesperson, upon entering
the service of any other licensed motor vehicle dealer or
manufactured home broker, shall make application to the registrar,
in such form as the registrar prescribes, to have the
salesperson's license reinstated, transferred, and registered as a
salesperson for the other dealer or broker. If the information
contained in the application is satisfactory to the registrar, the
registrar shall have the salesperson's license reinstated,
transferred, and registered as a salesperson for the other dealer
or broker. The fee for the reinstatement and transfer of license
shall be two dollars. No license issued to a dealer, motor vehicle
leasing dealer, auction owner, manufactured home broker, or
salesperson, under sections 4517.01 to 4517.65 of the Revised Code
shall be transferable to any other person.
Each dealer, motor vehicle leasing dealer, manufactured home
broker, distributor, and auction owner shall keep the license or a
certified copy thereof and, in the case of a dealer or broker, a
current list of the dealer's or the broker's licensed
salespersons, showing the names, addresses, and serial numbers of
their licenses, posted in a conspicuous place in each place of
business. Each salesperson shall carry the salesperson's license
or a certified copy thereof and shall exhibit such license or copy
upon demand to any inspector of the bureau of motor vehicles,
state highway patrol trooper, police officer, or person with whom
the salesperson seeks to transact business as a motor vehicle
salesperson.
The notice of refusal to grant a license shall disclose the
reason for refusal.
Sec. 4517.12. (A) The registrar of motor vehicles shall deny
the application of any person for a license as a motor vehicle
dealer, motor vehicle leasing dealer, manufactured home broker, or
motor vehicle auction owner and refuse to issue the license if the
registrar finds that the applicant:
(1) Has made any false statement of a material fact in the
application;
(2) Has not complied with sections 4517.01 to 4517.45 of the
Revised Code;
(3) Is of bad business repute or has habitually defaulted on
financial obligations;
(4) Is engaged or will engage in the business of selling at
retail any new motor vehicles without having written authority
from the manufacturer or distributor thereof to sell new motor
vehicles and to perform repairs under the terms of the
manufacturer's or distributor's new motor vehicle warranty, except
as provided in division (C) of this section and except that a
person who assembles or installs special equipment or accessories
for handicapped persons, as defined in section 4503.44 of the
Revised Code, upon a motor vehicle chassis supplied by a
manufacturer or distributor shall not be denied a license pursuant
to division (A)(4) of this section;
(5) Has been guilty of a fraudulent act in connection with
selling or otherwise dealing in, or leasing, motor vehicles, or in
connection with brokering manufactured homes;
(6) Has entered into or is about to enter into a contract or
agreement with a manufacturer or distributor of motor vehicles
that is contrary to sections 4517.01 to 4517.45 of the Revised
Code;
(8) Is of insufficient responsibility to ensure the prompt
payment of any final judgments that might reasonably be entered
against the applicant because of the transaction of business as a
motor vehicle dealer, motor vehicle leasing dealer, manufactured
home broker, or motor vehicle auction owner during the period of
the license applied for, or has failed to satisfy any such
judgment;
(9) Has no established place of business that, where
applicable, is used or will be used for the purpose of selling,
displaying, offering for sale, dealing in, or leasing motor
vehicles at the location for which application is made;
(10) Has, less than twelve months prior to making
application, been denied a motor vehicle dealer's, motor vehicle
leasing dealer's, manufactured home broker's, or motor vehicle
auction owner's license, or has any such license revoked.
(B) If the applicant is a corporation or partnership, the
registrar may refuse to issue a license if any officer, director,
or partner of the applicant has been guilty of any act or omission
that would be cause for refusing or revoking a license issued to
such officer, director, or partner as an individual. The
registrar's finding may be based upon facts contained in the
application or upon any other information the registrar may have.
Immediately upon denying an application for any of the reasons in
this section, the registrar shall enter a final order together
with the registrar's findings and certify the same to the motor
vehicle dealers' and salespersons' licensing board.
(C) Notwithstanding division (A)(4) of this section, the
registrar shall not deny the application of any person and refuse
to issue a license if the registrar finds that the applicant is
engaged or will engage in the business of selling at retail any
new motor vehicles and demonstrates all of the following in the
form prescribed by the registrar:
(1) That the applicant has posted a bond, surety, or
certificate of deposit with the registrar in an amount not less
than one hundred thousand dollars for the protection and benefit
of the applicant's customers except that a new motor vehicle
dealer who is not exclusively engaged in the business of selling
remanufactured vehicles shall not be required to post the bond,
surety, or certificate of deposit otherwise required by division
(C)(1) of this section;
(2) That, at the time of the sale of the vehicle, each
customer of the applicant will be furnished with a binding
agreement ensuring that the customer has the right to have the
vehicle serviced or repaired by a new motor vehicle dealer who is
licensed to sell and service vehicles of the same line-make as the
chassis of the remanufactured vehicle purchased by the customer
and whose service or repair facility is located within either
twenty miles of the applicant's location and place of business or
twenty miles of the customer's residence or place of business. If
there is no such new motor vehicle dealer located within twenty
miles of the applicant's location and place of business or the
customer's residence or place of business, the binding agreement
furnished to the customer may be with the new motor vehicle dealer
who is franchised to sell and service vehicles of the same
line-make as the chassis of the remanufactured vehicle purchased
by the customer and whose service or repair facility is located
nearest to the remanufacturer's location and place of business or
the customer's residence or place of business.
(3) That, at the time of the sale of the vehicle, each
customer of the applicant will be furnished with a warranty issued
by the remanufacturer for a term of at least one year;
(4)(3) That the applicant provides and maintains at the
applicant's location and place of business a permanent facility
with all of the following:
(a) A showroom with space, under roof, for the display of at
least one new motor vehicle;
(b) A service and parts facility for remanufactured vehicles;
(c) Full-time service and parts personnel with the proper
training and technical expertise to service the remanufactured
vehicles sold by the applicant.
Sec. 4517.13. The registrar of motor vehicles shall deny the
application of any person for a license as a distributor and
refuse to issue the license if the registrar finds that the
applicant:
(A) Has made any false statement of a material fact in the
application;
(B) Has not complied with sections 4517.01 to 4517.45 of the
Revised Code;
(C) Is of bad business repute or has habitually defaulted on
financial obligations;
(D) Is engaged or will engage in the business of distributing
any new motor vehicle without having the authority of a contract
with the manufacturer of the vehicle;
(E) Has been guilty of a fraudulent act in connection with
selling or otherwise dealing in motor vehicles;
(F) Has entered into or is about to enter into a contract or
agreement with a manufacturer of motor vehicles that is contrary
to sections 4517.01 to 4517.45 of the Revised Code;
(H) Is of insufficient responsibility to ensure the prompt
payment of any financial judgment that might reasonably be entered
against the applicant because of the transaction of business as a
distributor during the period of the license applied for, or has
failed to satisfy any such judgment;
(I) Has no established place of business that, where
applicable, is used or will be used exclusively for the purpose of
distributing new motor vehicles at the location for which
application is made;
(J) Has, less than twelve months prior to making application,
been denied a distributor's, motor vehicle dealer's, motor vehicle
leasing dealer's, manufactured home broker's, or motor vehicle
auction owner's license, or had any such license revoked.
If the applicant is a corporation or partnership, the
registrar may refuse to issue a license if any officer, director,
employee, or partner of the applicant has been guilty of any act
or omission that would be cause for refusing or revoking a license
issued to such officer, director, employee, or partner as an
individual. The registrar's finding may be based upon facts
contained in the application or upon any other information the
registrar may have. Immediately upon denying an application for
any of the reasons in this section, the registrar shall enter a
final order together with the registrar's findings and certify the
same to the motor vehicle dealers board.
Sec. 4517.14. The registrar of motor vehicles shall deny the
application of any person for a license as a salesperson and
refuse to issue the license if the registrar finds that the
applicant:
(A) Has made any false statement of a material fact in the
application;
(B) Has not complied with sections 4517.01 to 4517.45 of the
Revised Code;
(C) Is of bad business repute or has habitually defaulted on
financial obligations;
(D) Has been guilty of a fraudulent act in connection with
selling or otherwise dealing in motor vehicles;
(E) Has not been designated to act as salesperson for a motor
vehicle dealer or manufactured home broker licensed to do business
in this state under section 4517.10 of the Revised Code, or
intends to act as salesperson for more than one licensed motor
vehicle dealer or manufactured home broker at the same time,
except that a licensed salesperson may act as a salesperson at any
licensed dealership owned or operated by the same corporation
company, regardless of the county in which the dealership's
facility is located;
(F) Holds a current motor vehicle dealer's or manufactured
home broker's license issued under section 4517.10 of the Revised
Code, and intends to act as salesperson for another licensed motor
vehicle dealer or manufactured home broker;
(G) Has, less than twelve months prior to making application,
been denied a salesperson's license or had a salesperson's license
revoked.
The registrar may refuse to issue a salesperson's license to
an applicant who was salesperson for, or in the employ of, a motor
vehicle dealer or manufactured home broker at the time the
dealer's or broker's license was revoked. The registrar's finding
may be based upon any statement contained in the application or
upon any facts within the registrar's knowledge, and, immediately
upon refusing to issue a salesperson's license, the registrar
shall enter a final order and shall certify the final order
together with his findings to the motor vehicle dealers board.
Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor
vehicle leasing dealer, manufactured home broker, or distributor
shall notify the registrar of motor vehicles concerning any change
in status as a dealer, motor vehicle leasing dealer, manufactured
home broker, or distributor during the period for which the
dealer, broker, or distributor is licensed, if the change of
status concerns any of the following:
(1) Personnel of owners, partners, officers, or directors;
(2) Location of office or principal place of business;
(3) In the case of a motor vehicle dealer, any contract or
agreement with any manufacturer or distributor; and in the case of
a distributor, any contract or agreement with any manufacturer.
(B) The notification required by division (A) of this section
shall be made by filing with the registrar, within fifteen days
after the change of status, a supplemental statement in a form
prescribed by the registrar showing in what respect the status has
been changed. If the change involves a change in any contract or
agreement between any manufacturer or distributor, and dealer, or
any manufacturer and distributor, the supplemental statement shall
be accompanied by such copies of contracts, statements, and
certificates as would have been required by sections 4517.01 to
4517.45 of the Revised Code if the change had occurred prior to
the licensee's application for license.
The motor vehicle dealers board may adopt a rule exempting
from the notification requirement of division (A)(1) of this
section any dealer if stock in the dealer or its parent company is
publicly traded and if there are public records with state or
federal agencies that provide the information required by division
(A)(1) of this section.
(C) Whoever violates this section is guilty of a misdemeanor
of the fourth degree.
Sec. 4517.24. (A) No two motor vehicle dealers shall engage
in business at the same location, unless they agree to be jointly,
severally, and personally liable for any liability arising from
their engaging in business at the same location. The agreement
shall be filed with the motor vehicle dealers board, and shall
also be made a part of the articles of incorporation of each such
dealer filed with the secretary of state. Whenever the board has
reason to believe that a dealer who has entered into such an
agreement has revoked the agreement but continues to engage in
business at the same location, the board shall revoke the dealer's
license.
(B) This section does not apply to two or more motor vehicle
dealers engaged in the business of selling new or used
manufactured or mobile homes in the same manufactured home park.
(C) Whoever violates this section is guilty of a misdemeanor
of the fourth degree.
Sec. 4517.44. (A) No manufacturer or distributor of motor
vehicles, dealer in motor vehicles, or manufactured home broker,
nor any owner, proprietor, person in control, or keeper of any
garage, stable, shop, or other place of business, shall fail to
keep or cause to be kept any record required by law.
(B) Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4743.05. Except as otherwise provided in sections
4701.20, 4723.062, 4723.082, and 4729.65, and 4781.28 of the
Revised Code, all money collected under Chapters 3773., 4701.,
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,
4761., 4766., 4771., 4775., 4779., and 4781. of the Revised Code
shall be paid into the state treasury to the credit of the
occupational licensing and regulatory fund, which is hereby
created for use in administering such chapters.
At the end of each quarter, the director of budget and
management shall transfer from the occupational licensing and
regulatory fund to the nurse education assistance fund created in
section 3333.28 of the Revised Code the amount certified to the
director under division (B) of section 4723.08 of the Revised
Code.
At the end of each quarter, the director shall transfer from
the occupational licensing and regulatory fund to the certified
public accountant education assistance fund created in section
4701.26 of the Revised Code the amount certified to the director
under division (H)(2) of section 4701.10 of the Revised Code.
Sec. 4781.01. As used in this chapter:
(A) "Industrialized unit" has the same meaning as in division
(C)(3) of section 3781.06 of the Revised Code.
(B) "Installation" means any of the following:
(1) The temporary or permanent construction of stabilization,
support, and anchoring systems for manufactured housing;
(2) The placement and erection of a manufactured housing unit
or components of a unit on a structural support system;
(3) The supporting, blocking, leveling, securing, anchoring,
underpinning, or adjusting of any section or component of a
manufactured housing unit;
(4) The joining or connecting of all sections or components
of a manufactured housing unit.
(C) "Manufactured home" has the same meaning as in division
(C)(4) of section 3781.06 of the Revised Code.
(D) "Manufactured home park" has the same meaning as in
division (A) of section 3733.01 of the Revised Code means any
tract of land upon which three or more manufactured or mobile
homes used for habitation are parked, either free of charge or for
revenue purposes, and includes any roadway, building, structure,
vehicle, or enclosure used or intended for use as a part of the
facilities of the park. "Manufactured home park" does not include
any of the following:
(1) A tract of land used solely for the storage or display
for sale of manufactured or mobile homes or solely as a temporary
park-camp as defined in section 3729.01 of the Revised Code;
(2) A tract of land that is subdivided and the individual
lots are for sale or sold for the purpose of installation of
manufactured or mobile homes used for habitation and the roadways
are dedicated to the local government authority;
(3) A tract of land within an area that is subject to local
zoning authority and subdivision requirements and is subdivided,
and the individual lots are for sale or sold for the purpose of
installation of manufactured or mobile homes for habitation.
(E) "Manufactured housing" means manufactured homes and
mobile homes.
(F) "Manufactured housing installer" means an individual who
installs manufactured housing.
(G) "Mobile home" has the same meaning as in division (O) of
section 4501.01 of the Revised Code.
(H) "Model standards" means the federal manufactured home
installation standards established pursuant to 42 U.S.C. 5404.
(I) "Permanent foundation" has the same meaning as in
division (C)(5) of section 3781.06 of the Revised Code.
(J) "Business" includes any activities engaged in by any
person for the object of gain, benefit, or advantage either direct
or indirect.
(K) "Casual sale" means any transfer of a manufactured home
or mobile home by a person other than a manufactured housing
dealer, manufactured housing salesperson, or manufacturer to an
ultimate consumer or a person who purchases the home for use as a
residence.
(L) "Engaging in business" means commencing, conducting, or
continuing in business, or liquidating a business when the
liquidator thereof holds self out to be conducting such business;
making a casual sale or otherwise making transfers in the ordinary
course of business when the transfers are made in connection with
the disposition of all or substantially all of the transferor's
assets is not engaging in business.
(M) "Manufactured home park operator" has the same meaning as
"operator" in section 3733.01 of the Revised Code means the person
who has responsible charge of a manufactured home park and who is
licensed under sections 4781.26 to 4781.35 of the Revised Code.
(N) "Manufactured housing broker" means any person acting as
a selling agent on behalf of an owner of a manufactured home or
mobile home that is subject to taxation under section 4503.06 of
the Revised Code.
(O) "Manufactured housing dealer" means any person engaged in
the business of selling at retail, displaying, offering for sale,
or dealing in manufactured homes or mobile homes.
(P) "Manufacturer" means a person who manufacturers,
assembles, or imports manufactured homes or mobile homes.
(Q) "Retail sale" or "sale at retail" means the act or
attempted act of selling, bartering, exchanging, or otherwise
disposing of a manufactured home or mobile home to an ultimate
purchaser for use as a residence.
(R) "Salesperson" means any individual employed by a
manufactured housing dealer or manufactured housing broker to
sell, display, and offer for sale, or deal in manufactured homes
or mobile homes for a commission, compensation, or other valuable
consideration, but does not mean any public officer performing
official duties.
(S) "Ultimate purchaser" means, with respect to any new
manufactured home, the first person, other than a manufactured
housing dealer purchasing in the capacity of a manufactured
housing dealer, who purchases such new manufactured home for
purposes other than resale.
(T) "Tenant" means a person who is entitled under a rental
agreement with a manufactured home park operator to occupy a
manufactured home park lot and who does not own the home occupying
the lot.
(U) "Owner" means a person who is entitled under a rental
agreement with a manufactured home park operator to occupy a
manufactured home park lot and who owns the home occupying the
lot.
(V) "Resident" means a person entitled under a rental
agreement to the use and occupancy of residential premises to the
exclusion of others. "Resident" includes both tenants and owners.
(W) "Park operator" means a manufactured home park operator.
(X) "Residential premises" means a lot located within a
manufactured home park and the grounds, areas, and facilities
contained within the manufactured home park for the use of
residents generally or the use of which is promised to a resident.
(Y) "Rental agreement" means any agreement or lease, written
or oral, that establishes or modifies the terms, conditions,
rules, or any other provisions concerning the use and occupancy of
residential premises by one of the parties.
(Z) "Security deposit" means any deposit of money or property
to secure performance by the resident under a rental agreement.
(AA) "Development" means any artificial change to improved or
unimproved real estate, including, without limitation, buildings
or structures, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials, and the
construction, expansion, or substantial alteration of a
manufactured home park, for which plan review is required under
division (A) of section 4781.31 of the Revised Code. "Development"
does not include the building, construction, erection, or
manufacture of any building to which section 3781.06 of the
Revised Code is applicable.
(BB) "Flood" or "flooding" means either of the following:
(1) A general and temporary condition of partial or complete
inundation of normally dry land areas from any of the following:
(a) The overflow of inland or tidal waters;
(b) The unusual and rapid accumulation or runoff of surface
waters from any source;
(c) Mudslides that are proximately caused by flooding as
defined in division (M)(1)(b) of this section and that are akin to
a river of liquid and flowing mud on the surface of normally dry
land areas, as when earth is carried by a current of water and
deposited along the path of the current.
(2) The collapse or subsidence of land along the shore of a
lake or other body of water as a result of erosion or undermining
that is caused by waves or currents of water exceeding anticipated
cyclical levels or that is suddenly caused by an unusually high
water level in a natural body of water, and that is accompanied by
a severe storm, by an unanticipated force of nature, such as a
flash flood, by an abnormal tidal surge, or by some similarly
unusual and unforeseeable event, that results in flooding as
defined in division (M)(1)(a) of this section.
(CC) "Flood plain" means the area adjoining any river,
stream, watercourse, or lake that has been or may be covered by
flood water.
(DD) "One-hundred-year flood" means a flood having a one per
cent chance of being equaled or exceeded in any given year.
(EE) "One-hundred-year flood plain" means that portion of a
flood plain inundated by a one-hundred-year flood.
(FF) "Person" has the same meaning as in section 1.59 of the
Revised Code and also includes this state, any political
subdivision of this state, and any other state or local body of
this state.
(GG) "Substantial damage" means damage of any origin
sustained by a manufactured or mobile home that is situated in a
manufactured home park located in a flood plain when the cost of
restoring the home to its condition before the damage occurred
will equal or exceed fifty per cent of the market value of the
home before the damage occurred.
(HH) "Substantially alter" means a change in the layout or
design of a manufactured home park, including, without limitation,
the movement of utilities or changes in established streets, lots,
or sites or in other facilities. In the case of manufactured home
parks located within a one-hundred-year flood plain,
"substantially alter" also includes changes in elevation resulting
from the addition of fill, grading, or excavation that may affect
flood plain management.
(II) "Tract" means a contiguous area of land that consists of
one or more parcels, lots, or sites that have been separately
surveyed regardless of whether the individual parcels, lots, or
sites have been recorded and regardless of whether the one or more
parcels, lots, or sites are under common or different ownership.
Sec. 4781.02. (A) There is hereby created the manufactured
homes commission which consists of nine members, with three
members appointed by the governor, three members appointed by the
president of the senate, and three members appointed by the
speaker of the house of representatives.
(B)(1) Commission members shall be residents of this state,
except for members appointed pursuant to divisions (B)(3)(b) and
(B)(4)(a) of this section. Members shall be selected from a list
of persons the Ohio manufactured homes association, or any
successor entity, recommends, except for appointments made
pursuant to division (B)(2) of this section.
(2) The governor shall appoint the following members:
(a) One member to represent the board of building standards,
who may be a member of the board or a board employee not in the
classified civil service, with an initial term ending December 31,
2007;
(b) One member to represent the department of health, who may
be a department employee not in the classified civil service, with
an initial term ending December 31, 2005 who is registered as a
sanitarian in accordance with Chapter 4736. of the Revised Code,
has experience with the regulation of manufactured homes, and is
an employee of a health district described in section 3709.01 of
the Revised Code;
(c) One member whose primary residence is a manufactured
home, with an initial term ending December 31, 2006.
(3) The president of the senate shall appoint the following
members:
(a) Two members who are manufactured housing installers who
have been actively engaged in the installation of manufactured
housing for the five years immediately prior to appointment, with
the initial term of one installer ending December 31, 2007, and
the initial term of the other installer ending December 31, 2005.
(b) One member who manufactures manufactured homes in this
state or who manufactures manufactured homes in another state and
ships homes into this state, to represent manufactured home
manufacturers, with an initial term ending December 31, 2006.
(4) The speaker of the house of representatives shall appoint
the following members:
(a) One member who operates a manufactured or mobile home
retail business in this state to represent manufactured housing
dealers, with an initial term ending December 31, 2007;
(b) One member who is a manufactured home park operator or is
employed by an operator, with an initial term ending December 31,
2005;
(c) One member to represent the Ohio manufactured home
association, or any successor entity, who may be the president or
executive director of the association or the successor entity,
with an initial term ending December 31, 2006.
(C)(1) After the initial term, each term of office is for
four years ending on the thirty-first day of December. A member
holds office from the date of appointment until the end of the
term. No member may serve more than two consecutive four-year
terms.
(2) Any member appointed to fill a vacancy that occurs prior
to the expiration of a term continues in office for the remainder
of that term. Any member continues in office subsequent to the
expiration date of the term until the member's successor takes
office or until sixty days have elapsed, which ever occurs first.
(3) A vacancy on the commission does not impair the authority
of the remaining members to exercise all of the commission's
powers.
(D)(1) The governor may remove any member from office for
incompetence, neglect of duty, misfeasance, nonfeasance,
malfeasance, or unprofessional conduct in office.
(2) Vacancies shall be filled in the manner of the original
appointment.
Sec. 4781.04. (A) The manufactured homes commission shall
adopt rules pursuant to Chapter 119. of the Revised Code to do all
of the following:
(1) Establish uniform standards that govern the installation
of manufactured housing. Not later than one hundred eighty days
after the secretary of the United States department of housing and
urban development adopts model standards for the installation of
manufactured housing or amends those standards, the commission
shall amend its standards as necessary to be consistent with, and
not less stringent than, the model standards for the design and
installation of manufactured housing the secretary adopts or any
manufacturers' standards that the secretary determines are equal
to or not less stringent than the model standards.
(2) Govern the inspection of the installation of manufactured
housing. The rules shall specify that the commission, any building
department or personnel of any department, any licensor or
personnel of any licensor, or any private third party, certified
pursuant to section 4781.07 of the Revised Code shall conduct all
inspections of the installation of manufactured housing located in
manufactured home parks to determine compliance with the uniform
installation standards the commission establishes pursuant to this
section.
As used in division (A)(2) of this section, "licensor" has
the same meaning as in section 3733.01 of the Revised Code.
(3) Govern the design, construction, installation, approval,
and inspection of foundations and the base support systems for
manufactured housing. The rules shall specify that the commission,
any building department or personnel of any department, any
licensor or personnel of any licensor, or any private third party,
certified pursuant to section 4781.07 of the Revised Code shall
conduct all inspections of the installation, foundations, and base
support systems of manufactured housing located in manufactured
home parks to determine compliance with the uniform installation
standards and foundation and base support system design the
commission establishes pursuant to this section.
As used in division (A)(3) of this section, "licensor" has
the same meaning as in section 3733.01 of the Revised Code.
(4) Govern the training, experience, and education
requirements for manufactured housing installers, manufactured
housing dealers, manufactured housing brokers, and manufactured
housing salespersons;
(5) Establish a code of ethics for manufactured housing
installers;
(6) Govern the issuance, revocation, and suspension of
licenses to manufactured housing installers;
(7) Establish fees for the issuance and renewal of licenses,
for conducting inspections to determine an applicant's compliance
with this chapter and the rules adopted pursuant to it, and for
the commission's expenses incurred in implementing this chapter;
(8) Establish conditions under which a licensee may enter
into contracts to fulfill the licensee's responsibilities;
(9) Govern the investigation of complaints concerning any
violation of this chapter or the rules adopted pursuant to it or
complaints involving the conduct of any licensed manufactured
housing installer or person installing manufactured housing
without a license, licensed manufactured housing dealer, licensed
manufactured housing broker, or manufactured housing salesperson;
(10) Establish a dispute resolution program for the timely
resolution of warranty issues involving new manufactured homes,
disputes regarding responsibility for the correction or repair of
defects in manufactured housing, and the installation of
manufactured housing. The rules shall provide for the timely
resolution of disputes between manufacturers, manufactured housing
dealers, and installers regarding the correction or repair of
defects in manufactured housing that are reported by the purchaser
of the home during the one-year period beginning on the date of
installation of the home. The rules also shall provide that
decisions made regarding the dispute under the program are not
binding upon the purchaser of the home or the other parties
involved in the dispute unless the purchaser so agrees in a
written acknowledgement that the purchaser signs and delivers to
the program within ten business days after the decision is issued.
(11) Establish the requirements and procedures for the
certification of building departments and building department
personnel pursuant to section 4781.07 of the Revised Code;
(12) Establish fees to be charged to building departments and
building department personnel applying for certification and
renewal of certification pursuant to section 4781.07 of the
Revised Code;
(13) Develop a policy regarding the maintenance of records
for any inspection authorized or conducted pursuant to this
chapter, and any such record shall be a public record under
section 149.43 of the Revised Code;
(14) Carry out any other provision of this chapter.
(B) The manufactured homes commission shall do all of the
following:
(1) Prepare and administer a licensure examination to
determine an applicant's knowledge of manufactured housing
installation and other aspects of installation the commission
determines appropriate;
(2) Select, provide, or procure appropriate examination
questions and answers for the licensure examination and establish
the criteria for successful completion of the examination;
(3) Prepare and distribute any application form this chapter
requires;
(4) Receive applications for licenses and renewal of licenses
and issue licenses to qualified applicants;
(5) Establish procedures for processing, approving, and
disapproving applications for licensure;
(6) Retain records of applications for licensure, including
all application materials submitted and a written record of the
action taken on each application;
(7) Review the design and plans for manufactured housing
installations, foundations, and support systems;
(8) Inspect a sample of homes at a percentage the commission
determines to evaluate the construction and installation of
manufactured housing installations, foundations, and support
systems to determine compliance with the standards the commission
adopts;
(9) Investigate complaints concerning violations of this
chapter or the rules adopted pursuant to it, or the conduct of any
manufactured housing installer, manufactured housing dealer,
manufactured housing broker, or manufactured housing salesperson;
(10) Determine appropriate disciplinary actions for
violations of this chapter;
(11) Conduct audits and inquiries of manufactured housing
installers, manufactured housing dealers, and manufactured housing
brokers as appropriate for the enforcement of this chapter. The
commission, or any person the commission employs for the purpose,
may review and audit the business records of any manufactured
housing installer, dealer, or broker during normal business hours.
(12) Approve an installation training course, which may be
offered by the Ohio manufactured homes association or other
entity;
(13) Perform any function or duty necessary to administer
this chapter and the rules adopted pursuant to it.
(C) Nothing in this section shall be construed to limit the
authority of a board of health to enforce section 3701.344 and
Chapters 3703., 3718., and 3781. of the Revised Code.
Sec. 4781.07. (A) Pursuant to rules the manufactured homes
commission adopts, the commission may certify municipal, township,
and county building departments and the personnel of those
departments, licensors as defined in section 3733.01 of the
Revised Code and the personnel of those licensors, or any private
third party, to exercise the commission's enforcement authority,
accept and approve plans and specifications for foundations,
support systems and installations, and inspect manufactured
housing foundations, support systems, and manufactured housing
installations. Any certification is effective for three years.
(B) Following an investigation and finding of facts that
support its action, the commission may revoke or suspend
certification. The commission may initiate an investigation on its
own motion or the petition of a person affected by the enforcement
or approval of plans.
Sec. 4781.10. (A)(1) The manufactured homes commission may
establish programs and requirements for continuing education for
manufactured housing installers. The commission shall not require
licensees to complete more than eight credit hours of continuing
education during each license period. If the commission
establishes a program of continuing education, it shall require
that only courses that the commission preapproves be accepted for
licensure credit, and unless an extension is granted pursuant to
division (D) of this section, that all credit hours be
successfully completed prior to the expiration of the installer's
license.
(2) The manufactured homes commission shall establish by rule
programs of continuing education for manufactured home park
operators and shall approve by rule any courses offered through
those programs. The rules the commission adopts shall specify that
the courses shall be developed by the Ohio manufactured homes
association in consultation with the association of manufactured
home residents of Ohio, or any other entity the commission
designates by rule. The courses shall be designed to fulfill the
license renewal requirements of section 3733.03 of the Revised
Code of eight hours of continuing education and shall be presented
by the Ohio manufactured homes association, or any other entity
the commission designates by rule, as the course provider.
Certified completion of the course shall fulfill the continuing
education requirement of license renewal.
(B) To provide the resources to administer continuing
education programs, the commission may establish nonrefundable
fees, including any of the following:
(1) An application fee not to exceed one hundred fifty
dollars charged to the sponsor of each proposed course;
(2) A renewal fee not to exceed seventy-five dollars, charged
to the sponsor of each course, for the annual renewal of course
approval;
(3) A course fee charged to the sponsor of each course
offered, not to exceed five dollars per credit hour, for each
person completing an approved course;
(4) A student fee charged to licensees, not to exceed fifty
dollars, for each course or activity a student submits to the
commission for approval.
(C) The commission may adopt reasonable rules not
inconsistent with this chapter to carry out any continuing
education program, including rules that govern the following:
(1) The content and subject matter of continuing education
courses;
(2) The criteria, standards, and procedures for the approval
of courses, course sponsors, and course instructors;
(3) The methods of instruction;
(4) The computation of course credit;
(5) The ability to carry forward course credit from one year
to another;
(6) Conditions under which the commission may grant a waiver
or variance from continuing education requirements on the basis of
hardship or other reasons;
(7) Procedures for compliance with the continuing education
requirements and sanctions for noncompliance.
(D) The commission shall not renew the license of any person
who fails to satisfy any continuing education requirement that the
commission establishes. The commission may, for good cause, grant
an extension of time to comply with the continuing education
requirements. Any installer who is granted an extension and
completes the continuing education requirements within the time
the commission establishes is deemed in compliance with the
education requirements. The license of any person who is granted
an extension shall remain in effect during the period of the
extension.
Sec. 4781.121. (A) The manufactured homes commission,
pursuant to section 4781.04 of the Revised Code, may investigate
any person who allegedly has committed a violation. If, after an
investigation the commission determines that reasonable evidence
exists that a person has committed a violation, within seven days
after that determination, the commission shall send a written
notice to that person in the same manner as prescribed in section
119.07 of the Revised Code for licensees, except that the notice
shall specify that a hearing will be held and specify the date,
time, and place of the hearing.
(B) The commission shall hold a hearing regarding the alleged
violation in the same manner prescribed for an adjudication
hearing under section 119.09 of the Revised Code. If the
commission, after the hearing, determines that a violation has
occurred, the commission, upon an affirmative vote of five of its
members, may impose a fine not exceeding one thousand dollars per
violation per day. The commission's determination is an order that
the person may appeal in accordance with section 119.12 of the
Revised Code.
(C) If the person who allegedly committed a violation fails
to appear for a hearing, the commission may request the court of
common pleas of the county where the alleged violation occurred to
compel the person to appear before the commission for a hearing.
(D) If the commission assesses a person a civil penalty for a
violation and the person fails to pay that civil penalty within
the time period prescribed by the commission pursuant to section
131.02 of the Revised Code, the commission shall forward to the
attorney general the name of the person and the amount of the
civil penalty for the purpose of collecting that civil penalty. In
addition to the civil penalty assessed pursuant to this section,
the person also shall pay any fee assessed by the attorney general
for collection of the civil penalty.
(E) The authority provided to the commission pursuant to this
section, and any fine imposed under this section, shall be in
addition to, and not in lieu of, all penalties and other remedies
provided in this chapter. Any fines collected pursuant to this
section shall be used solely to administer and enforce this
chapter and rules adopted under it.
(F) As used in this section, "violation" means a violation of
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant
to section 4781.04, of the Revised Code.
Sec. 4781.14. (A) Except as provided in division (A)(3) of
section 3733.02 of the Revised Code, the state, through the The
manufactured homes commission, has exclusive authority to regulate
manufactured home installers, the installation of manufactured
housing, and manufactured housing foundations and support systems
in the this state. By enacting this chapter, it is the intent of
the general assembly to preempt municipal corporations and other
political subdivisions from regulating and licensing manufactured
housing installers and regulating and inspecting the installation
of manufactured housing and manufactured housing foundations and
support systems.
(B) Except as provided in division (A)(3) of section 3733.02
of the Revised Code, the The manufactured homes commission has
exclusive power to adopt rules of uniform application throughout
the state governing installation of manufactured housing, the
inspection of manufactured housing foundations and support
systems, the inspection of the installation of manufactured
housing, the training and licensing of manufactured housing
installers, and the investigation of complaints concerning
manufactured housing installers.
(C) Except as provided in division (A)(3) of section 3733.02
of the Revised Code, the The rules the commission adopts pursuant
to this chapter are the exclusive rules governing the installation
of manufactured housing, the design, construction, and approval of
foundations for manufactured housing, the licensure of
manufactured home installers, and the fees charged for licensure
of manufactured home installers. No political subdivision of the
state or any department or agency of the state may establish any
other standards governing the installation of manufactured
housing, manufactured housing foundations and support systems, the
licensure of manufactured housing installers, or fees charged for
the licensure of manufactured housing installers.
(D) Nothing in this section limits the authority of the
attorney general to enforce Chapter 1345. of the Revised Code or
to take any action permitted by the Revised Code against
manufactured housing installers, retailers, or manufacturers.
Sec. 4781.15. The remedies in sections 4781.01 to 4781.14 of
the Revised Code this chapter are in addition to remedies
otherwise available for the same conduct under state or local law.
Sec. 3733.02 4781.26. (A)(1) The public health council
manufactured homes commission, subject to Chapter 119. of the
Revised Code, shall adopt, and has the exclusive power to adopt,
rules of uniform application throughout the state governing the
review of plans, issuance of flood plain management permits, and
issuance of licenses for manufactured home parks; the location,
layout, density, construction, drainage, sanitation, safety, and
operation of those parks; and notices of flood events concerning,
and flood protection at, those parks. The rules pertaining to
flood plain management shall be consistent with and not less
stringent than the flood plain management criteria of the national
flood insurance program adopted under the "National Flood
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as
amended. The rules shall not apply to the construction, erection,
or manufacture of any building to which section 3781.06 of the
Revised Code is applicable.
(2)(B) The rules pertaining to manufactured home parks
constructed after June 30, 1971, shall specify that each home must
be placed on its lot to provide not less than fifteen feet between
the side of one home and the side of another home, ten feet
between the end of one home and the side of another home, and five
feet between the ends of two homes placed end to end.
(3)(C) The manufactured homes commission shall determine
compliance with the installation, blocking, tiedown, foundation,
and base support system standards for manufactured housing located
in manufactured home parks adopted by the commission pursuant to
section 4781.04 of the Revised Code. All inspections of the
installation, blocking, tiedown, foundation, and base support
systems of manufactured housing in a manufactured home park that
the department of health or a licensor commission conducts shall
be conducted by a person who has completed an installation
training course approved by the manufactured homes commission
certifies pursuant to division (B)(12) of section
4781.04 4781.07
of the Revised Code.
As used in division (A)(3) of this section, "manufactured
housing" has the same meaning as in section 4781.01 of the Revised
Code.
(B) The public health council, in accordance with Chapter
119. of the Revised Code, shall adopt rules of uniform application
throughout the state establishing requirements and procedures in
accordance with which the director of health may authorize
licensors for the purposes of sections 3733.022 and 3733.025 of
the Revised Code. The rules shall include at least provisions
under which a licensor may enter into contracts for the purpose of
fulfilling the licensor's responsibilities under either or both of
those sections.
Sec. 3733.03 4781.27. (A)(1) On or after the first day of
December, but before the first day of January of the next year,
every person who intends to operate a manufactured home park shall
procure a license to operate the park for the next year from the
licensor manufactured homes commission. If the applicable license
fee prescribed under section 3733.04 4781.28 of the Revised Code
is not received by the
licensor commission by the close of
business on the last day of December, the applicant for the
license shall pay a penalty equal to twenty-five per cent of the
applicable license fee. The penalty shall accompany the license
fee. If the last day of December is not a business day, the
penalty attaches upon the close of business on the next business
day.
(2) No manufactured home park shall be maintained or operated
in this state without a license.
(3) No person who has received a license, upon the sale or
disposition of the manufactured home park, may have the license
transferred to the new operator. A person shall obtain a separate
license to operate each manufactured home park.
(B) Before a license is initially issued and annually
thereafter, or more often if necessary, the licensor commission
shall cause each manufactured home park to be inspected relative
to for compliance with sections 3733.01 4781.26 to 3733.08 4781.35
of the Revised Code and the rules adopted under those sections. A
record shall be made of each inspection on a form prescribed by
the director of health commission.
(C) Each person applying for an initial license to operate a
manufactured home park shall provide acceptable proof to the
director commission that adequate fire protection will be
provided and that applicable fire codes will be adhered to in the
construction and operation of the park.
(D) The commission shall not renew a license to operate a
manufactured home park unless the licensee has completed an
average of at least eight hours of continuing education courses
per year since the prior renewal or, if an initial license is
being renewed, since the issuance of that license. The commission
shall not accept any course in fulfillment of this requirement
unless the manufactured homes commission has approved that course
for credit under section 4781.10 of the Revised Code.
Sec. 3733.04 4781.28. The licensor of a manufactured home
park
manufactured homes commission may charge a fee for an annual
license to operate such a manufactured home park. The fee for a
license shall be determined in accordance with section
3709.09
4781.26 of the Revised Code and shall include the cost of
licensing and all inspections.
The fee also shall include any additional amount determined
by rule of the public health council, which shall be collected and
transmitted by the board of health to the director of health
pursuant to section 3709.092 of the Revised Code and used only for
the purpose of administering and enforcing sections 3733.01 to
3733.08 of the Revised Code and the rules adopted under those
sections. The portion of any fee retained by the board of health
Any fees collected shall be paid into a special fund transmitted
to the treasurer of state and shall be credited to the
manufactured homes commission regulatory fund created in section
4781.54 of the Revised Code and used only for the purpose of
administering and enforcing sections 3733.01 4781.26 to 3733.08
4781.35 of the Revised Code and the rules adopted thereunder.
Sec. 3733.05 4781.29. The licensor of the health district in
which a manufactured home park is or is to be located, in
accordance with Chapter 119. of the Revised Code, manufactured
homes commission may refuse to grant, may suspend, or may revoke
any license granted to any person for failure to comply with
sections 3733.01 4781.26 to 3733.08
4781.35 of the Revised Code or
with any rule adopted by the public health council under section
3733.02 4781.26 of the Revised Code.
Sec. 3733.06 4781.30. (A) Upon a license being issued under
sections
3733.03 4781.27 to 3733.05
4781.29 of the Revised Code,
any operator shall have the right to rent or use each lot for the
parking or placement of a manufactured home or mobile home to be
used for human habitation without interruption for any period
coextensive with any license or consecutive licenses issued under
sections 3733.03 4781.27 to 3733.05 4781.29 of the Revised Code.
(B) No operator of a manufactured home park shall sell
individual lots in a park for eight years following the issuance
of the initial license for the park unless, at the time of sale,
the park fulfills all platting and subdivision requirements
established by the political subdivision in which the park is
located, or the political subdivision has entered into an
agreement with the operator regarding platting and subdivision
requirements and the operator has fulfilled the terms of that
agreement.
Sec. 3733.021 4781.31. (A) No person shall cause development
to occur within any portion of a manufactured home park until the
plans for the development have been submitted to and reviewed and
approved by the director of health manufactured homes commission.
This division does not require that plans be submitted to the
director commission for approval for the replacement of
manufactured or mobile homes on previously approved lots in a
manufactured home park when no development is to occur in
connection with the replacement. Within thirty days after receipt
of the plans, all supporting documents and materials required to
complete the review, and the applicable plan review fee
established under division (D) of this section, the director
commission shall approve or disapprove the plans.
(B) Any person aggrieved by the director's commission's
disapproval of a set of plans under division (A) of this section
may request a hearing on the matter within thirty days after
receipt of the
director's commission's notice of the disapproval.
The hearing shall be held in accordance with Chapter 119. of the
Revised Code. Thereafter, the disapproval may be appealed in the
manner provided in section 119.12 of the Revised Code.
(C) The director commission shall establish a system by which
development occurring within a manufactured home park is inspected
or verified in accordance with rules adopted under
division (A) of
section 3733.02 4781.26 of the Revised Code to ensure that the
development complies with the plans approved under division (A) of
this section.
(D) The public health council commission shall establish fees
for reviewing plans under division (A) of this section and
conducting inspections under division (C) of this section.
(E) The director commission shall charge the appropriate fees
established under division (D) of this section for reviewing plans
under division (A) of this section and conducting inspections
under division (C) of this section. All such plan review and
inspection fees received by the director commission shall be
transmitted to the treasurer of state and shall be credited to the
general operations occupational licensing and regulatory fund
created in section 3701.83 4743.05 of the Revised Code. Moneys so
credited to the fund shall be used only for the purpose of
administering and enforcing sections 3733.01
4781.26 to 3733.08
4781.35 of the Revised Code and rules adopted under those
sections.
(F) Plan approvals issued under this section do not
constitute an exemption from the land use and building
requirements of the political subdivision in which the
manufactured home park is or is to be located.
Sec. 3733.022 4781.32. (A) No person shall cause development
to occur or cause the replacement of a mobile or manufactured home
within any portion of a manufactured home park that is located
within a one-hundred-year flood plain unless the person first
obtains a permit from the director of health or a licensor
authorized by the director manufactured homes commission. If the
development for which a permit is required under this division is
to occur on a lot where a mobile or manufactured home is or is to
be located, the owner of the home and the operator of the
manufactured home park shall jointly obtain the permit. Each of
the persons to whom a permit is jointly issued is responsible for
compliance with the provisions of the approved permit that are
applicable to that person.
The director or a licensor authorized by the director
commission shall disapprove an application for a permit required
under this division unless the director or the licensor commission
finds that the proposed development or replacement of a mobile or
manufactured home complies with the rules adopted under division
(A) of section
3733.02 4781.26 of the Revised Code. No permit is
required under this division for the construction, erection, or
manufacture of any building to which section 3781.06 of the
Revised Code applies.
The director or a licensor authorized by the director
commission may suspend or revoke a permit issued under this
division for failure to comply with the rules adopted under
division (A) of section
3733.02 4781.26 of the Revised Code
pertaining to flood plain management or for failure to comply with
the approved permit.
Any person aggrieved by the disapproval, suspension, or
revocation of a permit under this division by the director or by a
licensor authorized by the director commission may request a
hearing on the matter within thirty days after receipt of the
notice of the disapproval, suspension, or revocation. The hearing
shall be held in accordance with Chapter 119. of the Revised Code.
Thereafter, an appeal of the disapproval, suspension, or
revocation may be taken in the manner provided in section 119.12
of the Revised Code.
(B) The public health council commission shall establish fees
for the issuance of permits under division (A) of this section and
for necessary inspections conducted to determine compliance with
those permits.
(C) The director or a licensor authorized by the director
commission shall charge the appropriate fee established under
division (B) of this section for the issuance of a permit under
division (A) of this section or for conducting any necessary
inspection to determine compliance with the permit. If the
director commission issues such a permit or conducts such an
inspection, the fee for the permit or inspection shall be
transmitted to the treasurer of state and shall be credited to the
general operations occupational licensing and regulatory fund
created in section 3701.83 4743.05 of the Revised Code. Moneys so
credited to the fund shall be used
by the director only for the
purpose of administering and enforcing sections 3733.01 4781.26 to
3733.08 4781.35 of the Revised Code and rules adopted under those
sections. If the licensor is a board of health, the permit or
inspection fee shall be deposited to the credit of the special
fund of the health district created in section 3733.04 of the
Revised Code and shall be used only for the purpose set forth in
that section.
Sec. 3733.024 4781.33. (A) When a flood event affects a
manufactured home park, the operator of the manufactured home
park, in accordance with rules adopted under division (A) of
section 3733.02 4781.26 of the Revised Code, shall notify the
licensor having jurisdiction of the occurrence of manufactured
homes commission and the board of health having jurisdiction where
the flood event occurred within forty-eight hours after the end of
the flood event. The commission, after receiving notification,
shall immediately notify the board of health.
No person shall fail to comply with this division.
(B) The licensor having jurisdiction where a flood event
occurred that affected a manufactured home park shall notify the
director of health of the occurrence of the flood event within
twenty-four hours after being notified of the flood event under
division (A) of this section. Within forty-eight hours after After
being notified of such a flood event by a licensor, the director
board of health shall cause an inspection to be made of the
manufactured home park named in the notice.
Sec. 3733.025 4781.34. (A) If a mobile or manufactured home
that is located in a flood plain is substantially damaged, the
owner of the home shall make all alterations, repairs, or changes
to the home, and the operator of the manufactured home park shall
make all alterations, repairs, or changes to the lot on which the
home is located, that are necessary to ensure compliance with the
flood plain management rules adopted under division (A) of section
3733.02 4781.26 of the Revised Code. Such alterations, repairs, or
changes may include, without limitation, removal of the home or
other structures.
No person shall fail to comply with this division.
(B) No person shall cause to be performed any alteration,
repair, or change required by division (A) of this section unless
the person first obtains a permit from the director of health or a
licensor authorized by the director manufactured homes commission.
The owner of the home and the operator of the manufactured home
park shall jointly obtain the permit required by this division.
Each of the persons to whom a permit is jointly issued is
responsible for compliance with the provisions of the approved
permit that are applicable to that person.
The director or a licensor authorized by the director
commission shall disapprove an application for a permit required
under this division unless the director or the licensor commission
finds that the proposed alteration, repair, or change complies
with the rules adopted under division (A) of section 3733.02
4781.26 of the Revised Code. No permit is required under this
division for the construction, erection, or manufacture of any
building to which section 3781.06 of the Revised Code applies.
The director or a licensor authorized by the director
commission may suspend or revoke a permit issued under this
division for failure to comply with the rules adopted under
division (A) of section
3733.02 4781.26 of the Revised Code
pertaining to flood plain management or for failure to comply with
the approved permit.
Any person aggrieved by the disapproval, suspension, or
revocation of a permit under this division by the director or by a
licensor authorized by the director commission may request a
hearing on the matter within thirty days after receipt of the
notice of the disapproval, suspension, or revocation. The hearing
shall be held in accordance with Chapter 119. of the Revised Code.
Thereafter, an appeal of the disapproval, suspension, or
revocation may be taken in the manner provided in section 119.12
of the Revised Code and for necessary inspections conducted to
determine compliance with those permits.
(C) The public health council commission shall establish fees
for the issuance of permits under division (B) of this section and
for necessary inspections conducted to determine compliance with
those permits.
(D) The director or a licensor authorized by the director
commission shall charge the appropriate fee established under
division (C) of this section for the issuance of a permit under
division (B) of this section or for conducting any necessary
inspection to determine compliance with the permit. If the
director commission issues such a permit or conducts such an
inspection, the fee for the permit or inspection shall be
transmitted to the treasurer of state and shall be credited to the
general operations occupational licensing and regulatory fund
created in section 3701.83 4743.05 of the Revised Code. Moneys so
credited to the fund shall be used by the director only for the
purpose of administering and enforcing sections 3733.01 4781.26 to
3733.08 4781.35 of the Revised Code and rules adopted under those
sections. If the licensor is a board of health, the permit or
inspection fee shall be deposited to the credit of the special
fund of the health district created in section 3733.04 of the
Revised Code and shall be used only for the purpose set forth in
that section.
Sec. 3733.08 4781.35. (A) No person shall violate sections
3733.01 4781.26 to 3733.08 4781.35 of the Revised Code or the
rules adopted thereunder.
(B) The prosecuting attorney of the county, the city director
of law, or the attorney general, upon complaint of the licensor or
the director of health manufactured homes commission, shall
prosecute to termination or bring an action for injunction against
any person violating sections 3733.01 4781.26 to 3733.08 4781.35
of the Revised Code or the rules adopted thereunder.
Sec. 3733.09 4781.36. (A) Subject to section 3733.091
4781.37 of the Revised Code, a park operator shall not retaliate
against a resident by increasing the resident's rent, decreasing
services that are due to the resident, refusing to renew or
threatening to refuse to renew the rental agreement with the
resident, or bringing or threatening to bring an action for
possession of the resident's premises because:
(1) The resident has complained to an appropriate
governmental agency of a violation of a building, housing, health,
or safety code that is applicable to the premises, and the
violation materially affects health and safety;
(2) The resident has complained to the park operator of any
violation of section 3733.10 4781.38 of the Revised Code;
(3) The resident joined with other residents for the purpose
of negotiating or dealing collectively with the park operator on
any of the terms and conditions of a rental agreement.
(B) If a park operator acts in violation of division (A) of
this section, the resident may:
(1) Use the retaliatory action of the park operator as a
defense to an action by the park operator to recover possession of
the premises;
(2) Recover possession of the premises;
(3) Terminate the rental agreement.
In addition, the resident may recover from the park operator
any actual damages together with reasonable attorneys fees.
(C) Nothing in division (A) of this section prohibits a park
operator from increasing the rent to reflect the cost of
improvements installed by the park operator in or about the
premises or to reflect an increase in other costs of operation of
the premises.
Sec. 3733.091 4781.37. (A) Notwithstanding section 3733.09
4781.36 of the Revised Code, a park operator may bring an action
under Chapter 1923. of the Revised Code for possession of the
premises if any of the following applies:
(1) The resident is in default in the payment of rent.
(2) The violation of the applicable building, housing,
health, or safety code that the resident complained of was
primarily caused by any act or lack of reasonable care by the
resident, by any other person in the resident's household, or by
anyone on the premises with the consent of the resident.
(3) The resident is holding over the resident's term.
(4) The resident is in violation of rules of the public
health council manufactured homes commission adopted pursuant to
section 3733.02 4781.26 of the Revised Code or rules of the
manufactured home park adopted pursuant to the rules of the public
health council manufactured homes commission.
(5) The resident has been absent from the manufactured home
park for a period of thirty consecutive days prior to the
commencement of the action, and the resident's manufactured home,
mobile home, or recreational vehicle parked in the manufactured
home park has been left unoccupied for that thirty-day period,
without notice to the park operator and without payment of rent
due under the rental agreement.
(B) The maintenance of an action by the park operator under
this section does not prevent the resident from recovering damages
for any violation by the park operator of the rental agreement or
of section 3733.10 4781.38 of the Revised Code.
Sec. 3733.10 4781.38. (A) A park operator who is a party to
a rental agreement shall:
(1) Comply with the requirements of all applicable building,
housing, health, and safety codes which materially affect health
and safety, and comply with rules of the public health council
manufactured homes commission;
(2) Make all repairs and do whatever is reasonably necessary
to put and keep the premises in a fit and habitable condition;
(3) Keep all common areas of the premises in a safe and
sanitary condition;
(4) Maintain in good and safe working order and condition all
electrical and plumbing fixtures and appliances, and septic
systems, sanitary and storm sewers, refuse receptacles, and well
and water systems that are supplied or required to be supplied by
him the park operator;
(5) Not abuse the right of access conferred by division (B)
of section 3733.101 4781.39 of the Revised Code;
(6) Except in the case of emergency or if it is impracticable
to do so, give the resident reasonable notice of
his the park
operator's intent to enter onto the residential premises and enter
only at reasonable times. Twenty-four hours' notice shall be
presumed to be a reasonable notice in the absence of evidence to
the contrary.
(B) If the park operator violates any provision of this
section, makes a lawful entry onto the residential premises in an
unreasonable manner, or makes repeated demands for entry otherwise
lawful which demands have the effect of harassing the resident,
the resident may recover actual damages resulting from the
violation, entry, or demands and injunctive relief to prevent the
recurrence of the conduct, and if he the resident obtains a
judgment, reasonable attorneys' fees, or terminate the rental
agreement.
Sec. 3733.101 4781.39. (A) A resident who is a party to a
rental agreement shall:
(1) Keep that part of the premises that the resident occupies
and uses safe and sanitary;
(2) Dispose of all rubbish, garbage, and other waste in a
clean, safe, and sanitary manner;
(3) Comply with the requirements imposed on residents by all
applicable state and local housing, health, and safety codes,
rules of the public health council manufactured homes commission,
and rules of the manufactured home park;
(4) Personally refrain, and forbid any other person who is on
the premises with the resident's permission, from intentionally or
negligently destroying, defacing, damaging, or removing any
fixture, appliance, or other part of the residential premises;
(5) Conduct self and require other persons on the premises
with the resident's consent to conduct themselves in a manner that
will not disturb the resident's neighbors' peaceful enjoyment of
the manufactured home park.
(B) The resident shall not unreasonably withhold consent for
the park operator to enter the home to inspect utility
connections, or enter onto the premises in order to inspect the
premises, make ordinary, necessary, or agreed repairs,
decorations, alterations, or improvements, deliver parcels which
are too large for the resident's mail facilities, or supply
necessary or agreed services.
(C) If the resident violates any provision of this section,
the park operator may recover any actual damages which result from
the violation and reasonable attorneys' fees. This remedy is in
addition to any right of the park operator to terminate the rental
agreement, to maintain an action for the possession of the
premises, or injunctive relief to compel access under division (B)
of this section.
Sec. 3733.12 4781.41. (A) If a park operator fails to
fulfill any obligation imposed upon him the park operator by
section 3733.10 4781.38 of the Revised Code or by the rental
agreement, or the conditions of the premises are such that the
resident reasonably believes that a park operator has failed to
fulfill any such obligations, or a governmental agency has found
that the premises are not in compliance with building, housing,
health, or safety codes which apply to any condition of the
residential premises that could materially affect the health and
safety of an occupant, the resident may give notice in writing to
the park operator specifying the acts, omissions, or code
violations that constitute noncompliance with such provisions. The
notice shall be sent to the person or place where rent is normally
paid.
(B) If a park operator receives the notice described in
division (A) of this section and after receipt of the notice fails
to remedy the condition within a reasonable time, considering the
severity of the condition and the time necessary to remedy such
condition, or within thirty days, whichever is sooner, and if the
resident is current in rent payments due under the rental
agreement, the resident may do one of the following:
(1) Deposit all rent that is due and thereafter becomes due
the park operator with the clerk of court of the municipal or
county court having jurisdiction in the territory in which the
residential premises are located;
(2) Apply to the court for an order directing the park
operator to remedy the condition. As part thereof, the resident
may deposit rent pursuant to division (B)(1) of this section, and
may apply for an order reducing the periodic rent due the park
operator until such time as the park operator does remedy the
condition, and may apply for an order to use the rent deposited to
remedy the condition. In any order issued pursuant to this
division, the court may require the resident to deposit rent with
the clerk of court as provided in division (B)(1) of this section.
Sec. 3733.121 4781.42. (A) Whenever a resident deposits rent
with the clerk of a court as provided in section 3733.12 4781.41
of the Revised Code, the clerk shall give written notice of this
fact to the park operator and to his the park operator's agent, if
any.
(B) The clerk shall place all rent deposited with him the
clerk in a separate rent escrow account in the name of the clerk
in a bank or building and loan association domiciled in this
state.
(C) The clerk shall keep in a separate docket an account of
each deposit, with the name and address of the resident, and the
name and address of the park operator and of his the park
operator's agent, if any.
(D) For his the clerk's costs, the clerk may charge a fee of
one per cent of the amount of the rent deposited, which shall be
assessed as court costs.
(E) All interest that has accrued on the rent deposited by
the clerk of a county court under division (B) of this section
shall be paid into the treasury of the political subdivision for
which the clerk performs his the clerk's duties. All interest that
has accrued on the rent deposited by the clerk of a municipal
court under division (B) of this section shall be paid into the
city treasury as defined in division (B) of section 1901.03 of the
Revised Code.
Sec. 3733.122 4781.43. (A) A park operator who receives
notice that rent due him the park operator has been deposited with
a clerk of court pursuant to section 3733.12 4781.41 of the
Revised Code, may:
(1) Apply to the clerk of court for release of the rent on
the ground that the condition contained in the notice given
pursuant to division (A) of section 3733.12 4781.41 of the Revised
Code has been remedied. The clerk shall forthwith release the
rent, less costs, to the park operator if the resident gives
written notice to the clerk that the condition has been remedied.
(2) Apply to the court for release of the rent on the grounds
that the resident did not comply with the notice requirement of
division (A) of section 3733.12 4781.41 of the Revised Code, or
that the resident was not current in rent payments due under the
rental agreement at the time the resident initiated rent deposits
with the clerk of courts under division (B)(1) of section 3733.12
4781.41 of the Revised Code;
(3) Apply to the court for release of the rent on the grounds
that there was no violation of any obligation imposed upon the
park operator by section 3733.10 4781.38 of the Revised Code or by
the rental agreement, or by any building, housing, health, or
safety code, or that the condition contained in the notice given
pursuant to division (A) of section 3733.12 4781.41 of the Revised
Code has been remedied.
(B) The resident shall be named as a party to any action
filed by the park operator under this section, and shall have the
right to file an answer and counterclaim, as in other civil cases.
A trial shall be held within sixty days of the date of filing of
the park operator's complaint, unless for good cause shown the
court grants a continuance.
(C) If the court finds that there was no violation of any
obligation imposed upon the park operator by section 3733.10
4781.38 of the Revised Code or by the rental agreement, or by any
building, housing, health, or safety code, or that the condition
contained in the notice given pursuant to division (A) of section
3733.12 4781.41 of the Revised Code has been remedied, or that the
resident did not comply with the notice requirement of division
(A) of section
3733.12 4781.41 of the Revised Code, or that the
resident was not current in rent payments at the time the resident
initiated rent deposits with the clerk of court under division
(B)(1) of section 3733.12 4781.41 of the Revised Code, the court
shall order the release to the park operator of rent on deposit
with the clerk, less costs.
(D) If the court finds that the condition contained in the
notice given pursuant to division (A) of section 3733.12 4781.41
of the Revised Code was the result of an act or omission of the
resident, or that the resident intentionally acted in bad faith in
proceeding under section 3733.12 4781.41 of the Revised Code, the
resident shall be liable for damages caused to the park operator,
and for costs, together with reasonable attorneys' fees if the
resident intentionally acted in bad faith.
Sec. 3733.123 4781.44. (A) If a park operator brings an
action for the release of rent deposited with a clerk of court,
the court may, during the pendency of the action, upon application
of the park operator, release part of the rent on deposit for
payment of the periodic interest on a mortgage on the premises,
the periodic principal payments on a mortgage on the premises, the
insurance premiums for the premises, real estate taxes on the
premises, utility services, repairs, and other customary and usual
costs of operating the premises.
(B) In determining whether to release rent for the payments
described in division (A) of this section, the court shall
consider the amount of rent the park operator receives from other
lots, the cost of operating these lots, and the costs which may be
required to remedy the condition contained in the notice given
pursuant to division (A) of section 3733.12 4781.41 of the Revised
Code.
Sec. 3733.13 4781.45. If a resident commits a material
violation of the rules of the manufactured home park, of the
public health council manufactured homes commission, or of
applicable state and local health and safety codes, the park
operator may deliver a written notification of the violation to
the resident. The notification shall contain all of the following:
(A) A description of the violation;
(B) A statement that the rental agreement will terminate upon
a date specified in the written notice not less than thirty days
after receipt of the notice unless the resident remedies the
violation;
(C) A statement that the violation was material and that if a
second material violation of any park or public health council
commission rule, or any health and safety code, occurs within six
months after the date of this notice, the rental agreement will
terminate immediately;
(D) A statement that a defense available to termination of
the rental agreement for two material violations of park or
public
health council commission rules, or of health and safety codes, is
that the park rule is unreasonable, or that the park or public
health council rule commission, or health or safety code, is not
being enforced against other manufactured home park residents, or
that the two violations were not willful and not committed in bad
faith.
If the resident remedies the condition described in the
notice, whether by repair, the payment of damages, or otherwise,
the rental agreement shall not terminate. The park operator may
terminate the rental agreement immediately if the resident commits
a second material violation of the park or public health council
commission rules, or of applicable state and local health and
safety codes, subject to the defense that the park rule is
unreasonable, that the park or public health council commission
rule, or health or safety code, is not being enforced against
other manufactured home park residents, or that the two violations
were not willful and not committed in bad faith.
Sec. 3733.14 4781.46. In any action under sections 3733.09
4781.36 to 3733.20 4781.52 of the Revised Code, any party may
recover damages for the breach of contract or the breach of any
duty that is imposed by law.
Sec. 3733.15 4781.47. (A) No provision of sections 3733.09
4781.36 to
3733.20 4781.52 of the Revised Code may be modified or
waived by any oral or written agreement except as provided in
division (F) of this section.
(B) No warrant of attorney to confess judgment shall be
recognized in any rental agreement or in any other agreement
between a park operator and resident for the recovery of rent or
damages to the residential premises.
(C) No agreement to pay the park operator's or resident's
attorney fees shall be recognized in any rental agreement for
residential premises or in any other agreement between a park
operator and resident.
(D) No agreement by a resident to the exculpation or
limitation of any liability of the park operator arising under law
or to indemnify the park operator for that liability or its
related costs shall be recognized in any rental agreement or in
any other agreement between a park operator and resident.
(E) A rental agreement, or the assignment, conveyance, trust
deed, or security instrument of the park operator's interest in
the rental agreement may not permit the receipt of rent free of
the obligation to comply with section 3733.10 4781.38 of the
Revised Code.
(F) The park operator may agree to assume responsibility for
fulfilling any duty or obligation imposed on a resident by section
3733.101 4781.39 of the Revised Code.
Sec. 3733.16 4781.48. (A) If the court as a matter of law
finds a rental agreement, or any clause of it, to have been
unconscionable at the time it was made, it may refuse to enforce
the rental agreement or it may enforce the remainder of the rental
agreement without the unconscionable clause, or it may so limit
the application of any unconscionable clause as to avoid any
unconscionable result.
(B) When it is claimed or appears to the court that the
rental agreement, or any clause of it, may be unconscionable, the
parties shall be afforded a reasonable opportunity to present
evidence as to its setting, purpose, and effect to aid the court
in making the determination.
Sec. 3733.17 4781.49. (A) No park operator of residential
premises shall initiate any act, including termination of
utilities or services, exclusion from the premises, or threat of
any unlawful act, against a resident, or a resident whose right to
possession has terminated, for the purpose of recovering
possession of residential premises, other than as provided in
Chapters 1923., 3733. 4781., and 5303. of the Revised Code.
(B) No park operator of residential premises shall seize the
furnishings or possessions of a resident, or of a resident whose
right to possession was terminated, for the purpose of recovering
rent payments, other than in accordance with an order issued by a
court of competent jurisdiction.
(C) A park operator who violates this section is liable in a
civil action for all damages caused to a resident, or to a
resident whose right to possession has terminated, together with
reasonable attorneys' fees.
Sec. 3733.18 4781.50. (A) Any security deposit in excess of
fifty dollars or one month's periodic rent, whichever is greater,
shall bear interest on the excess at the rate of five per cent per
annum if the resident remains in possession of the premises for
six months or more, and shall be computed and paid annually by the
park operator to the resident.
(B) Upon termination of the rental agreement any property or
money held by the park operator as a security deposit may be
applied to the payment of past due rent and to the payment of the
amount of damages that the park operator has suffered by reason of
the resident's noncompliance with section 3733.101 4781.39 of the
Revised Code or the rental agreement. Any deduction from the
security deposit shall be itemized and identified by the park
operator in a written notice delivered to the resident together
with the amount due, within thirty days after termination of the
rental agreement and delivery of possession. The resident shall
provide the park operator in writing with a forwarding address or
new address to which the written notice and amount due from the
park operator may be sent. If the resident fails to provide the
park operator with the forwarding or new address as required, the
resident shall not be entitled to damages or attorneys' fees under
division (C) of this section.
(C) If the park operator fails to comply with division (B) of
this section, the resident may recover the property and money due
him the resident, together with damages in an amount equal to the
amount wrongfully withheld, and reasonable attorneys' fees.
Sec. 3733.19 4781.51. (A) Every written rental agreement for
residential premises shall contain the name and address of the
owner of the residential premises and the name and address of the
owner's agent, if any. If the owner or the owner's agent is a
corporation, partnership, limited partnership, association, trust,
or other entity, the address shall be the principal place of
business in the county in which the residential premises are
situated or if there is no place of business in such county then
its principal place of business in this state, and shall include
the name of the person in charge thereof.
(B) If the rental agreement is oral, the park operator, at
the commencement of the term of occupancy, shall deliver to the
resident a written notice containing the information required in
division (A) of this section.
(C) If the park operator fails to provide the notice of the
name and address of the owner and owner's agent, if any, as
required under division (A) or (B) of this section, the notices to
the park operator required under division (A) of sections
3733.12
4781.41 and 3733.121 4781.42 of the Revised Code are waived by the
park operator and the operator's agent.
(D) Every written rental agreement for residential premises
shall contain the following notice in ten-point boldface type:
"YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS 3733.09 4781.36 TO
3733.20 4781.52 OF THE REVISED CODE, WHICH REGULATE RENTAL
AGREEMENTS IN MANUFACTURED HOME PARKS."
If the rental agreement is oral, the park operator, at the
commencement of the term of occupancy, shall deliver the notice to
the resident in writing.
Sec. 3733.20 4781.52. No municipal corporation may adopt or
continue in existence any ordinance and no township may adopt or
continue in existence any resolution that is in conflict with
sections 3733.09 4781.36 to 3733.20 4781.52 of the Revised Code,
or that regulates those rights and obligations of parties to a
rental agreement that are regulated by sections 3733.09 4781.36 to
3733.20 4781.52 of the Revised Code. Sections 3733.09 4781.36 to
3733.20 4781.52 of the Revised Code do not preempt any housing,
building, health, or safety codes of any municipal corporation or
township.
Sec. 4781.54. There is hereby created in the state treasury
the manufactured homes commission regulatory fund. The fund shall
consist of fees paid under section 4781.28 of the Revised Code and
shall be used for the purposes described in that section.
Sec. 4781.60. (A) The manufactured homes commission shall
develop a list comprised of organizations that have an interest in
the sale or purchase of parks and persons that assist in the
financing of manufactured home parks. The list shall include the
Ohio manufactured homes association, the association of
manufactured home residents of Ohio, and any other entity that the
commission identifies as appropriate for inclusion on that list or
that requests inclusion on that list. The commission shall contact
persons on that list when a manufactured home park is offered for
sale, and at any other time at the commission's discretion.
(B) The commission shall adopt rules that establish
relocation expenses that a manufactured home park operator shall
provide to an owner when a manufactured home park is converted or
sold for a use other than as a manufactured home park. The rules
shall specify that the amount of reimbursement shall be the
greater of the actual cost of relocating a home or three thousand
dollars to the owner of a single-wide manufactured or mobile home
or five thousand dollars to the owner of a double-wide or larger
manufactured or mobile home.
Sec. 4781.99. (A) Whoever violates division (A) of section
4781.16 of the Revised Code is guilty of a minor misdemeanor on a
first offense and shall be subject to a mandatory fine of one
hundred dollars. On a second offense, the person is guilty of a
misdemeanor of the first degree and shall be subject to a
mandatory fine of one thousand dollars.
(B) Whoever violates section 4781.20 of the Revised Code is
guilty of a minor misdemeanor.
(C) Whoever violates any of the following is guilty of a
misdemeanor of the fourth degree:
(1) Division (B) or (C) of section 4781.16 of the Revised
Code;
(2) Section 4781.22 of the Revised Code;
(3) Section 4781.23 of the Revised Code;
(4) Division (A) of section 4781.24 of the Revised Code;
(5) Section 4781.25 of the Revised Code;
(6) Division (A) of section 4781.35 of the Revised Code.
Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the
Revised Code:
(A) "Contiguous property" includes, but is not limited to, a
manufactured home park as defined in section 3733.01 4781.01 of
the Revised Code; a public or publicly subsidized housing project;
an apartment complex; a condominium complex; a college or
university; an office complex; a shopping center; a hotel; an
industrial park; and a race track.
(B) "Gas" means natural gas, flammable gas, or gas which is
toxic or corrosive.
(C) "Gathering lines" and the "gathering of gas" have the
same meaning as in the Natural Gas Pipeline Safety Act and the
rules adopted by the United States department of transportation
pursuant to the Natural Gas Pipeline Safety Act, including 49
C.F.R. part 192, as amended.
(D) "Intrastate pipe-line transportation" has the same
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as
amended, but excludes the gathering of gas exempted by the Natural
Gas Pipeline Safety Act.
(E) "Master-meter system" means a pipe-line system that
distributes gas within a contiguous property for which the system
operator purchases gas for resale to consumers, including tenants.
Such pipe-line system supplies consumers who purchase the gas
directly through a meter, or by paying rent, or by other means.
The term includes a master-meter system as defined in 49 C.F.R.
191.3, as amended. The term excludes a pipeline within a
manufactured home, mobile home, or a building.
(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671
et seq., as amended.
(G) "Operator" means any of the following:
(1) A gas company or natural gas company as defined in
section 4905.03 of the Revised Code, except that division (A)(6)
of that section does not authorize the public utilities commission
to relieve any producer of gas, as a gas company or natural gas
company, of compliance with sections 4905.90 to 4905.96 of the
Revised Code or the pipe-line safety code created under section
4905.91 of the Revised Code;
(2) A pipe-line company, as defined in section 4905.03 of the
Revised Code, when engaged in the business of transporting gas by
pipeline;
(3) A public utility that is excepted from the definition of
"public utility" under division (B) or (C) of section 4905.02 of
the Revised Code, when engaged in supplying or transporting gas by
pipeline within this state;
(4) Any person that owns, operates, manages, controls, or
leases any of the following:
(a) Intrastate pipe-line transportation facilities within
this state;
(b) Gas gathering lines within this state which are not
exempted by the Natural Gas Pipeline Safety Act;
(c) A master-meter system within this state.
"Operator" does not include an ultimate consumer who owns a
service line, as defined in 49 C.F.R. 192.3, as amended, on the
real property of that ultimate consumer.
(H) "Operator of a master-meter system" means a person
described under division (F)(4)(c) of this section. An operator of
a master-meter system is not a public utility under section
4905.02 or a gas or natural gas company under section 4905.03 of
the Revised Code.
(1) In addition to those defined in division (C) of section
1.59 of the Revised Code, a joint venture or a municipal
corporation;
(2) Any trustee, receiver, assignee, or personal
representative of persons defined in division (H)(1) of this
section.
(J) "Safety audit" means the public utilities commission's
audit of the premises, pipe-line facilities, and the records,
maps, and other relevant documents of a master-meter system to
determine the operator's compliance with sections 4905.90 to
4905.96 of the Revised Code and the pipe-line safety code.
(K) "Safety inspection" means any inspection, survey, or
testing of a master-meter system which is authorized or required
by sections 4905.90 to 4905.96 of the Revised Code and the
pipe-line safety code. The term includes, but is not limited to,
leak surveys, inspection of regulators and critical valves, and
monitoring of cathodic protection systems, where applicable.
(L) "Safety-related condition" means any safety-related
condition defined in 49 C.F.R. 191.23, as amended.
(M) "Total Mcfs of gas it supplied or delivered" means the
sum of the following volumes of gas that an operator supplied or
delivered, measured in units per one thousand cubic feet:
(2) Commercial and industrial sales;
(3) Other sales to public authorities;
(4) Interdepartmental sales;
(6) Transportation of gas.
Sec. 6111.46. (A) The environmental protection agency shall
exercise general supervision of the treatment and disposal of
sewage and industrial wastes and the operation and maintenance of
works or means installed for the collection, treatment, and
disposal of sewage and industrial wastes. Such general supervision
shall apply to all features of construction, operation, and
maintenance of the works or means that do or may affect the proper
treatment and disposal of sewage and industrial wastes.
(B)(1) The agency shall investigate the works or means
employed in the collection, treatment, and disposal of sewage and
industrial wastes whenever considered necessary or whenever
requested to do so by local health officials and may issue and
enforce orders and shall adopt rules governing the operation and
maintenance of the works or means of treatment and disposal of
such sewage and industrial wastes. In adopting rules under this
section, the agency shall establish standards governing the
construction, operation, and maintenance of the works or means of
collection, treatment, and disposal of sewage that is generated at
recreational vehicle parks, recreation camps, combined park-camps,
and temporary park-camps that are separate from such standards
relative to manufactured home parks.
(2) As used in division (B)(1) of this section:
(a) "Manufactured home parks" has the same meaning as in
section 3733.01 4781.01 of the Revised Code.
(b) "Recreational vehicle parks," "recreation camps,"
"combined park-camps," and "temporary park-camps" have the same
meanings as in section 3729.01 of the Revised Code.
(C) The agency may require the submission of records and data
of construction, operation, and maintenance, including plans and
descriptions of existing works or means of treatment and disposal
of such sewage and industrial wastes. When the agency requires the
submission of such records or information, the public officials or
person, firm, or corporation having the works in charge shall
comply promptly with that order.
Section 2. That existing 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, 3733.16, 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, 4781.02, 4781.04,
4781.07, 4781.10, 4781.14, 4781.15, 4781.99, 4905.90, and 6111.46,
and sections 3733.01, 3733.031, 3733.07, and 4517.49 of the
Revised Code are hereby repealed.
Section 3. Except as provided in this section, Sections 1 and
2 of this act shall take effect on July 1, 2011.
(A) The amendment by Sections 1 and 2 of this act of sections
3733.11, 4781.10, 4781.14, and 4781.15 of the Revised Code and the
enactment by Section 1 of this act of sections 2323.05, 3733.111,
4781.121, and 4781.60 of the Revised Code take effect on the
ninety-first day after this act is filed with the Secretary of
State.
(B) The amendment by Sections 1 and 2 of this act of sections
4517.01, 4517.04, 4517.09, 4517.10, 4517.12, 4517.13, 4517.14,
4517.23, 4517.24, 4517.44, and 4781.02 of the Revised Code and the
repeal by Section 2 of this act of section 4517.49 of the Revised
Code take effect on the ninety-first day after this act is filed
with the Secretary of State, or on July 1, 2010, whichever is
later.
Section 4. That sections 3733.11 and 4781.10 be amended and
sections 3733.11 (4781.40) and 3733.111 (4781.53) of the Revised
Code be amended for the purpose of adopting a new section number
as indicated in parentheses, to read as follows:
Sec. 4781.10. (A)(1) The manufactured homes commission may
establish programs and requirements for continuing education for
manufactured housing installers. The commission shall not require
licensees to complete more than eight credit hours of continuing
education during each license period. If the commission
establishes a program of continuing education, it shall require
that only courses that the commission preapproves be accepted for
licensure credit, and unless an extension is granted pursuant to
division (D) of this section, that all credit hours be
successfully completed prior to the expiration of the installer's
license.
(2) The manufactured homes commission shall establish by rule
programs of continuing education for manufactured home park
operators and shall approve by rule any courses offered through
those programs. The rules the commission adopts shall specify that
the courses shall be developed by the Ohio manufactured homes
association in consultation with the association of manufactured
home residents of Ohio, or any other entity the commission
designates by rule. The courses shall be designed to fulfill the
license renewal requirements of section 3733.03 4781.27 of the
Revised Code of eight hours of continuing education and shall be
presented by the Ohio manufactured homes association, or any other
entity the commission designates by rule, as the course provider.
Certified completion of the course shall fulfill the continuing
education requirement of license renewal.
(B) To provide the resources to administer continuing
education programs, the commission may establish nonrefundable
fees, including any of the following:
(1) An application fee not to exceed one hundred fifty
dollars charged to the sponsor of each proposed course;
(2) A renewal fee not to exceed seventy-five dollars, charged
to the sponsor of each course, for the annual renewal of course
approval;
(3) A course fee charged to the sponsor of each course
offered, not to exceed five dollars per credit hour, for each
person completing an approved course;
(4) A student fee charged to licensees, not to exceed fifty
dollars, for each course or activity a student submits to the
commission for approval.
(C) The commission may adopt reasonable rules not
inconsistent with this chapter to carry out any continuing
education program, including rules that govern the following:
(1) The content and subject matter of continuing education
courses;
(2) The criteria, standards, and procedures for the approval
of courses, course sponsors, and course instructors;
(3) The methods of instruction;
(4) The computation of course credit;
(5) The ability to carry forward course credit from one year
to another;
(6) Conditions under which the commission may grant a waiver
or variance from continuing education requirements on the basis of
hardship or other reasons;
(7) Procedures for compliance with the continuing education
requirements and sanctions for noncompliance.
(D) The commission shall not renew the license of any person
who fails to satisfy any continuing education requirement that the
commission establishes. The commission may, for good cause, grant
an extension of time to comply with the continuing education
requirements. Any installer who is granted an extension and
completes the continuing education requirements within the time
the commission establishes is deemed in compliance with the
education requirements. The license of any person who is granted
an extension shall remain in effect during the period of the
extension.
Sec. 3733.11 4781.40. (A)(1) A manufactured home park
operator shall offer each home owner a written rental agreement
for a manufactured home park lot for a term of one year or more
that contains terms essentially the same as any alternative
month-to-month rental agreement offered to current and prospective
tenants and owners. The park operator shall offer the minimum
one-year rental agreement to the owner prior to installation of
the home in the manufactured home park or, if the home is in the
manufactured home park, prior to the expiration of the owner's
existing rental agreement.
(2) The park operator shall deliver the offer to the owner by
certified mail, return receipt requested, or in person. If the
park operator delivers the offer to the owner in person, the owner
shall complete a return showing receipt of the offer. If the owner
does not accept the offer, the park operator is discharged from
any obligation to make any further such offers. If the owner
accepts the offer, the park operator shall, at the expiration of
each successive rental agreement, offer the owner another rental
agreement, for a term that is mutually agreed upon, and that
contains terms essentially the same as the alternative
month-to-month agreement. The park operator shall deliver
subsequent rental offers by ordinary mail or personal delivery. If
the park operator sells the manufactured home park to another
manufactured home park operator, the purchaser is bound by the
rental agreements entered into by the purchaser's predecessor.
(B) A park operator shall fully disclose in writing all fees,
charges, assessments, including rental fees, and rules prior to a
tenant or owner executing a rental agreement and assuming
occupancy in the manufactured home park. No fees, charges,
assessments, or rental fees so disclosed may be increased nor
rules changed by a park operator without specifying the date of
implementation of the changed fees, charges, assessments, rental
fees, or rules, which date shall be not less than thirty days
after written notice of the change and its effective date to all
tenants or owners in the manufactured home park, and no fee,
charge, assessment, or rental fee shall be increased during the
term of any tenant's or owner's rental agreement. Failure on the
part of the park operator to fully disclose all fees, charges, or
assessments shall prevent the park operator from collecting the
undisclosed fees, charges, or assessments. If a tenant or owner
refuses to pay any undisclosed fees, charges, or assessments, the
refusal shall not be used by the park operator as a cause for
eviction in any court.
(C) A park operator shall promulgate rules governing the
rental or occupancy of a lot in the manufactured home park. The
rules shall not be unreasonable, arbitrary, or capricious. A copy
of the rules and any amendments to them shall be delivered by the
park operator to the tenant or owner prior to signing the rental
agreement. A copy of the rules and any amendments to them shall be
posted in a conspicuous place upon the manufactured home park
grounds.
(D) No park operator shall require an owner to purchase from
the park operator any personal property. The park operator may
determine by rule the style or quality of skirting, equipment for
tying down homes, manufactured or mobile home accessories, or
other equipment to be purchased by an owner from a vendor of the
owner's choosing, provided that the equipment is readily available
to the owner. Any such equipment shall be installed in accordance
with the manufactured home park rules.
(E) No park operator shall charge any owner who chooses to
install an electric or gas appliance in a home an additional fee
solely on the basis of the installation, unless the installation
is performed by the park operator at the request of the owner, nor
shall the park operator restrict the installation, service, or
maintenance of the appliance, restrict the ingress or egress of
repairpersons to the manufactured home park for the purpose of
installation, service, or maintenance of the appliance, nor
restrict the making of any interior improvement in a home, if the
installation or improvement is in compliance with applicable
building codes and other provisions of law and if adequate utility
services are available for the installation or improvement.
(F) No park operator shall require a tenant to lease or an
owner to purchase a manufactured or mobile home from the park
operator or any specific person as a condition of or prerequisite
to entering into a rental agreement.
(G) No park operator shall require an owner to use the
services of the park operator or any other specific person for
installation of the manufactured or mobile home on the residential
premises or for the performance of any service.
(H) No park operator shall:
(1) Deny any owner the right to sell the owner's manufactured
home within the manufactured home park if the owner gives the park
operator ten days' notice of the intention to sell the home;
(2) Require the owner to remove the home from the
manufactured home park solely on the basis of the sale of the
home;
(3) Unreasonably refuse to enter into a rental agreement with
a purchaser of a home located within the operator's manufactured
home park;
(4) Charge any tenant or owner any fee, charge, or
assessment, including a rental fee, that is not set forth in the
rental agreement or, if the rental agreement is oral, is not set
forth in a written disclosure given to the tenant or owner prior
to the tenant or owner entering into a rental agreement;
(5) Charge any owner any fee, charge, or assessment because
of the transfer of ownership of a home or because a home is moved
out of or into the manufactured home park, except a charge for the
actual costs and expenses that are incurred by the park operator
in moving the home out of or into the manufactured home park, or
in installing the home in the manufactured home park and that have
not been reimbursed by another tenant or owner.
(6) Prohibit the indoor or outdoor display either of a for
sale sign by an owner on that owner's lot, including a sign that
indicates the owner is offering the property for sale by owner, or
of a political sign by a tenant or owner on that tenant's or
owner's lot, if the tenant or owner displaying the sign complies
with all applicable sections of the Revised Code and all
applicable municipal and county ordinance and resolutions
regulating the display of such a sign. As used in this section,
"political sign" means a sign that advertises, promotes, endorses,
or opposes an issue that has been certified to appear on the
ballot, or a candidate whose name has been certified to appear on
the ballot, at the next general, special, or primary election.
(I) If the park operator violates any provision of divisions
(A) to (H) of this section, the tenant or owner may commence a
civil action against the park operator for either or both of the
following:
(1) The greater of twenty-five dollars or the actual damages
resulting from the violation, and, if the tenant or owner obtains
a judgment, reasonable attorneys' fees;
(2) Termination of the rental agreement.
(J) No rental agreement shall require a tenant or owner to
sell, lease, or sublet the tenant's or owner's interest in the
rental agreement or the manufactured or mobile home that is or
will be located on the lot that is the subject of the rental
agreement to any specific person or through any specific person as
the person's agent.
(K) No park operator shall enter into a rental agreement with
the owner of a manufactured or mobile home for the use of
residential premises, if the rental agreement requires the owner
of the home, as a condition to the owner's renting, occupying, or
remaining on the residential premises, to pay the park operator or
any other person specified in the rental agreement a fee or any
sum of money based on the sale of the home, unless the owner of
the home uses the park operator or other person as the owner's
agent in the sale of the home.
(L) A park operator and a tenant or owner may include in a
rental agreement any terms and conditions, including any term
relating to rent, the duration of an agreement, and any other
provisions governing the rights and obligations of the parties
that are not inconsistent with or prohibited by sections 3733.09
to 3733.20 of the Revised Code or any other rule of law.
(M) Notwithstanding any other provision of the Revised Code,
the owner of a manufactured or mobile home may utilize the
services of a manufactured housing dealer or broker licensed under
Chapter 4517. of the Revised Code or a person properly licensed
under Chapter 4735. 4781. of the Revised Code to sell or lease the
home.
Sec. 3733.111 4781.53. (A) Within ten days after a
manufactured home park is offered for sale, the operator of that
park shall notify the manufactured homes commission and advise it
of that sale. The commission promptly shall notify persons that
are interested in the sale or purchase of manufactured home parks,
including persons included on the list the commission develops
pursuant to section 4781.60 of the Revised Code.
(B) At any time a manufactured home park is being sold or
converted for a use other than as a manufactured home park, the
operator shall do both of the following:
(1) Provide each tenant and owner with written notice of the
sale or conversion of the park. The notice shall be delivered by
certified mail, return receipt requested, or by personal delivery.
If the park operator delivers the notice in person, the operator
shall have the recipient complete a return showing receipt of the
notice. The notice shall include the date by which the tenant or
owner must vacate, which for tenants shall be at least one hundred
twenty days after receipt of the written notice and for owners
shall be at least one hundred eighty days after receipt of the
written notice.
(2) Pay relocation expenses to owners of homes in an amount
the commission establishes by rule pursuant to section 4781.60 of
the Revised Code.
(C) Within ten days after a mortgagee files to initiate a
foreclosure action against a manufactured home park, the mortgagee
shall provide written notice of that filing to the manufactured
homes commission and a copy of that notice to the court, as
section 2323.05 of the Revised Code requires.
Section 5. That existing sections 3733.11, 3733.111, and
4781.10 of the Revised Code are hereby repealed.
Section 6. Sections 4 and 5 of this act take effect on July
1, 2011.
Section 7. That Section 745.20 of Am. Sub. H.B. 1 of the
128th General Assembly be amended to read as follows:
Sec. 745.20. Notwithstanding section 4781.16 of the Revised
Code, any person licensed as a new motor vehicle dealer, used
motor vehicle dealer, manufactured homes broker, or salesperson
under Chapter 4517. of the Revised Code on June 30, 2010, may
continue, subject to Chapter 4781. of the Revised Code, to engage
in the business of displaying, selling at retail, or brokering
manufactured homes or mobile homes under the authority of such
license until the license expires or until the manufactured homes
commission issues or denies the person a manufactured housing
dealer's license, manufactured housing broker's license, or
manufactured housing salesperson's license under Chapter 4781. of
the Revised Code, whichever occurs earlier.
Section 8. That existing Section 745.20 of Am. Sub. H.B. 1 of
the 128th General Assembly is hereby repealed.
Section 9. Sections 7 and 8 of this act take effect on the
ninety-first day after this act is filed with the Secretary of
State, or on July 1, 2010, whichever is later.
Section 10. On or about July 1, 2011, the Director of Budget
and Management shall transfer cash from the general operations
fund created in section 3701.83 of the Revised Code, which has
been collected pursuant to sections 3733.02 to 3733.08 of the
Revised Code, to the occupational licensing and regulatory fund
created in section 4743.05 of the Revised Code. Moneys so
transferred shall be used only for the purpose of administering
sections 4781.26 to 4781.35 of the Revised Code.
Section 11. Notwithstanding the original term of the
appointment, the term of the Manufactured Homes Commission member
who was appointed by the Governor as a representative of the
Department of Health pursuant to division (B)(2)(b) of section
4781.02 of the Revised Code shall end on the effective date of
that section as amended by this act. The initial term of the
registered sanitarian appointed to the Manufactured Homes
Commission pursuant to section 4781.02 of the Revised Code, as
amended by this act, shall expire on the date when the
representative of the Department of Health's term would have
expired, but for this section.
Section 12. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Sections 1923.01 and 1923.02 of the Revised Code as amended
by both Sub. H.B. 56 and Am. Sub. S.B. 10 of the 127th General
Assembly.
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