Chapter 3701-27 Mobile Home Parks

3701-27-01 Definitions.

As used in rules 3701-27-01 to 3701-27-31 of the Administrative Code:

(A) "Develop" or "development" means any artificial change to improved or unimproved real estate, including, without limitation, buildings or structures, dredging, filling, grading, paving, or excavation operations, and the construction, expansion, or substantial alteration of a manufactured home park for which plan review is required under division (A) of section 3733.021 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.

(B) "Director" means the director of health or his authorized representative.

(C) "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 paragraph (C)(1)(b) of this rule 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, an abnormal tidal surge, or by some similarly unusual and unforeseeable event, that results in flooding as defined in paragraph (C)(1)(a) of this rule.

(D) "One hundred year flood" or "based flood" means a flood having a one per cent chance of being equaled or exceeded in any given year.

(E) "One hundred year flood plain" or "base flood plain" means that area adjoining any river, stream, water-course, or lake that has been or may be inundated by a one hundred year flood.

(F) "One hundred year flood elevation" or "base flood elevation" of a one hundred year flood means the flood level that has a one per cent or greater chance of occurrence in any given year.

(G) "Freestanding auxiliary building" means a building used for storage that rests on its own support. Any structure for the specific purpose of housing or protecting fuel tanks, electrical metering equipment or other service items shall not be considered a freestanding auxiliary building.

(H) "Habitation" means use of a manufactured home as a residence.

(I) "Lateral sanitary sewer" means the portion of the sanitary sewerage system which extends as a single terminal to the manufactured home lot.

(J) "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 3733.031 of the Revised Code.

"Licensor" also means an authorized representative of any of those entities or of the director.

(K) "Manufactured home" has the meaning set forth in section 4501.01 of the Revised Code.

For purposes of this chapter, mobile home also means manufactured home.

(L) "Manufactured home drainage system" means the plumbing fixtures, fixture traps, waste and vent pipes, and all connections within or adjacent to the manufactured home.

(M) "Manufactured home lot" means any portion of a manufactured home park designated for placement of a manufactured home for habitation.

(N) "Manufactured home park" means any tract of land upon which three or more manufactured 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. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots is not a manufactured home park even though three or more manufactured homes are parked thereon if the roadways are dedicated to the local government authority.

"Manufactured home park" does not include any tract of land used solely for the storage or display for sale of manufactured homes.

(O) "Manufactured home park site" means the entire tract of land developed or to be developed as a manufactured home park.

(P) "Resident" has the same meaning as in section 3733.01 of the Revised Code. For purposes of this chapter, "resident" also means the person or persons using a manufactured home for habitation.

(Q) "Operator" means the person who has responsible charge of the manufactured home park that is licensed under section 3733.01 to 3733.08 of the Revised Code and this chapter.

(R) "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 manufactured home occupying the lot.

(S) "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.

(T) "Plumbing fixtures" means receptacles designed to receive water from the water system and to discharge liquid, or sewage wastes into the sanitary sewerage system with which they are connected.

(U) "Public thoroughfare" means a street, highway or road owned or controlled by the state or a political subdivision, devoted to public use and supported and maintained by public funds.

(V) "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the one hundred year flood without cumulatively increasing the water surface elevation more than a height designated by the federal emergency management agency or designated in local regulations or ordinances whichever is less.

(W) "Sewage" means any liquid waste materials resulting from cooking and washing activities or any substance that contains excrementitious waste products.

(X) "Sewer connector" means any pipe connecting the manufactured home plumbing system with the lateral sanitary sewer.

(Y) "Sanitary sewerage system" means pipelines or conduits, pumping stations, and force mains, and all other components used for collecting or conducting liquid or sewage wastes to a point of discharge or treatment.

(Z) "Solid wastes" means such unwanted residual solid or semisolid material as results from commercial and community operations and includes garbage, street dirt, debris and combustible and noncombustible material.

(AA) "Substantial damage" means damage of any origin sustained by a manufactured home that is situated in a manufactured home park located in a flood plain when the cost of restoring the manufactured home to its condition before the damage occurred will equal or exceed fifty per cent of the market value of the manufactured home before the damage occurred. "Substantial damage" also means damage of any origin sustained by freestanding auxiliary buildings, room additions, other accessory structures connected to a manufactured home, water, sewage, or electrical systems, or other service facilities including but not limited to heating, ventilation, plumbing, and air conditioning equipment, fuel oil tanks, and propane gas cylinders situated in such manufactured home parks.

(BB) "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 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.

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

(DD) Water system" means any facility or part thereof used as a source of supply, or used for collection, treatment, storage, pumping, or distribution of water for human consumption.

(EE) "Water service pipe" means the pipe from the water main or other source of water supply to the building, manufactured home, or water outlet served.

(FF) "Wetlands" means areas of land where the water table is at, near, or above the land surface long enough each year to result in the formation of characteristically wet soil types, and support the growth of water dependent vegetation. Wetlands include, but are not limited to marshes, swamps, bogs, fens, and other such low-lying areas.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.01 , 3733.02 , 3733.021 , 3733.022 , 3733.024 , 3733.025 , 3733.03 , 3733.031 , 3733.04 , 3733.05 , 3733.06 , 3733.07 , 3733.08
Prior Effective Dates: 7/1/1971, 6/1/79, 9/3/83, 11/13/92

3701-27-02 Application of rules; license.

(A) All manufactured home parks shall comply with the provisions of Chapter 3701-27 of the Administrative Code.

(B) No person, shall maintain or operate a manufactured home park in this state without a license issued by the licensor. The license shall be issued for a period not to exceed one year and may be suspended or revoked at any time for failure to comply with any provision of Chapter 3701-27 of the Administrative Code, or sections 3733.01 to 3733.08 of the Revised Code.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02 , 3733.03
Prior Effective Dates: 7/1/1971, 6/1/79, 9/6/98

3701-27-03 License, contents of.

The license shall state the name and address of the person, responsible for the maintenance and operation of the manufactured home park, the name and location of the manufactured home park, the maximum number of manufactured homes for which the manufactured home park is licensed, and the expiration date of the license on a form prescribed by the director. Such license shall be displayed in a conspicuous place in the manufactured home park at all times. 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 owner.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733..02
Rule Amplifies: 3733.02 , 3733.03
Prior Effective Dates: 7/1/1971, 12/1/76, 6/1/79, 9/6/98

3701-27-04 Application for license.

(A) 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. A person shall obtain a separate license to operate each manufactured home park. This provision shall apply to all manufactured home parks except new manufactured home parks opened for business subsequent to January first of each year. An application for a license to operate a new manufactured home park during any part of the year shall be filed as hereinafter provided not less than thirty days before the manufactured home park is opened for business. If the applicable license fee charged under paragraph (C) of this rule is not received by the licensor by the close of business on the last day of December, the applicant for the license shall pay a penalty equal to twenty-five percent 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.

(B) The operator of a manufactured home park shall make written application for a license to the licensor. The operator shall apply for a separate license to operate each manufactured home park. The application form shall be prescribed by the director and shall contain pertinent information relative to the licensing of the manufactured home park.

(C) The licensor of a manufactured home park may charge a fee for an annual license to operate such a park. The fee shall be determined in accordance with section 3709.09 of the Revised Code and shall include the cost of licensing and all inspections. In determining the amount of the annual fee, the licensor shall use the categories established by rule 3701-27-042 of the Administrative Code and the cost methodology established by rule 3701-27-043 of the Administrative Code. The annual fee shall include amounts as specified in this rule for each license issued to a manufactured home park, which shall be collected and transmitted by the board of health within sixty days of issuing the license to the treasurer of state to be credited to the general operations fund created in section 3701.83 of the Revised Code and used only for administering and enforcing sections 3733.01 to 3733.08 of the Revised Code and this chapter.

(1) For licenses issued on and after December 1, 2004, sixty dollars for manufactured home parks with less than fifty lots and one hundred dollars for manufactured home parks with fifty or more lots.

(2) For licenses issued on and after December 1, 2005, sixty-seven dollars for manufactured home parks with less than fifty lots and one hundred twelve dollars for manufactured home parks with fifty or more lots.

(3) For licenses issued on and after December 1, 2006, seventy-three dollars for manufactured home parks with less than fifty lots and one hundred twenty-two dollars for manufactured home parks with fifty or more lots.

(4) For licenses issued on and after December 1, 2007, seventy-nine dollars for manufactured home parks with less than fifty lots and one hundred thirty-two dollars for manufactured home parks with fifty or more lots.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02 , 3733.04
Rule Amplifies: 3733.01 , 3733.02 , 3733.021 , 3733.022 , 3733.024 , 3733.025 , 3733.03 , 3733.031 , 3733.04 , 3733.05 , 3733.06 , 3733.07 , 3733.08 , 3709.09
Prior Effective Dates: 7/1/1971, 6/1/79, 8/31/90 (Emer.), 12/7/90, 11/13/92, 10/31/93, 11/27/97, 9/6/98, 11/15/04

3701-27-04.1 Inspection.

(A) The licensor shall inspect mobile home parks and require compliance with sections 3733.01 to 3733.08 of the Revised Code and rules adopted thereunder.

(B) The licensor shall have authority to enter mobile home parks at reasonable times to conduct inspections and investigate conditions relating to the enforcement of rules 3701-27-01 to 3701-27-31 of the Administrative Code.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 6/1/1979

3701-27-04.2 License fee categories.

(A) The license fees established by a board of health of a city or general health district pursuant to section 3709.09 of the Revised Code for manufactured home parks shall be based on the number of lots in the park, and charged in accordance with the following categories:

(1) Manufactured home parks with fifty or fewer lots.

(2) Manufactured home parks with more than fifty lots. Parks with more than fifty lots shall be charged the fee determined in paragraph (A)(1) of this rule plus an additional amount for each individual lot in excess of fifty.

(B) In addition to the fees established by a city or general health district under paragraph (A) of this rule, a board of health of a city or general health district may charge additional reasonable fees for the collection and bacteriological examination of any necessary water samples taken from manufactured home parks.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.01 , 3733.02 , 3733.021 , 3733.022 , 3733.024 , 3733.025 , 3733.03 , 3733.031 , 3733.04 , 3733.05 , 3733.06 , 3733.07 , 3733.08 , 3709.09
Prior Effective Dates: 8/31/1990 (Emer.), 12/7/90, 11/13/92

3701-27-04.3 Cost methodology.

The city or general health district shall utilize the cost methodology specified in rule 3701-36-14 of the Administrative Code to calculate fees for providing services specified in sections 3701.344 , 3729.07 , 3730.03 , 3733.04 , 3733.25 , and 3749.04 of the Revised Code.

Replaces: 3701-27- 04.3

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.04
Rule Amplifies: 3733.04
Prior Effective Dates: 8/31/1990 (Emer.), 12/7/90, 11/30/09

3701-27-05 Plan approval required.

(A) No person shall develop a manufactured home park, cause development to occur within any portion of a manufactured home park, or reopen a manufactured home park on the site of a former manufactured home park until the plans therefore have been submitted to and reviewed and approved by the director.

(B) All development within any portion of a new or existing manufactured home park shall be performed in accordance with plans as approved by the director.

(C) A person who wishes to amend approved plans shall file with the director a written request for amendment. The request shall state specifically the type and extent of the amendments and may include supporting documents. The director may request additional information or depending on the extent of the amendment, may require submittal of a new set of plans which comply with rule 3701-27-06 of the Administrative Code. The director shall approve the request if the plans as amended comply with the requirements of sections 3733.01 to 3733.08 of the Revised Code and this chapter.

(D) The approval of plans issued by the director shall be valid for three years after the date on which the director issues the approval. If the director finds that the person developing a manufactured home park has made a good-faith effort to complete the development of the manufactured home park within the three year period but has failed for reasons beyond the person's control, the director may grant one extension for a specified period of time not to exceed two years. A request for an extension shall be made to the director in writing before the expiration of the initial three year period. If the development has not been completed within the original three year period plus the period of any extension granted under this paragraph, the plans shall be resubmitted in accordance with paragraphs (A) and (B) of rule 3701-27-06 of the Administrative Code.

(E) Ownership of approved plans may be transferred from one person to another provided that the person to whom the approved plans are transferred notifies the director no more than ten days after the transfer occurs.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.021
Prior Effective Dates: 12/17/1951, 7/1/71, 12/1/76, 6/1/79, 9/3/83, 11/13/92

3701-27-06 Submission for review and approval of plans.

(A) Any person who proposes to develop a manufactured home park shall prior to submitting plans to the director for approval do the following:

(1) Request that the licensor conduct an evaluation of the proposed location. The licensor shall evaluate the location of the development and shall submit to the director on a form prescribed by the director a report which shall contain information about the location, including but not limited to its topography, soil conditions, previous uses, and available utilities;

(2) Obtain flood level information for the proposed location of the manufactured home park to ensure that the manufactured home park will be protected from flooding. Flood level information shall include the elevation of the one hundred year flood as well as a delineation of the floodway limits. Flood level information can be found on maps published by the federal emergency management agency. For locations where the federal emergency management agency had not identified flood levels, or where the federal emergency management agency maps do not indicate one hundred year flood elevations or delineate floodways, the director may require the submission of such flood information prepared by a registered engineer.

(3) If the proposed manufactured home park or any portion thereof is located within a one hundred year flood plain, submit an application to the director or licensor authorized by the director for any permits under rule 3701-27-072 of the Administrative Code for development in a one hundred year flood plain area. If the application for the permit is made to a licensor authorized by the director, a copy of the permit application must be submitted.

(B) The plans submitted to the director for approval shall be prepared by a professional engineer registered to practice in Ohio, shall be submitted in quadruplicate, and shall be accompanied by or include the following:

(1) A completed plan review application on a form prescribed by the director and signed by the owner of the manufactured home park and the person who prepared the plans. The form shall contain identifying information about the licensee or prospective licensee of the manufactured home park, the person who prepared the plans, and the contractor, if known;

(2) Location and complete identification of any wetland areas as defined in paragraph (FF) of rule 3701-27-01 of the Administrative Code within the manufactured home park site and written verification that the permit required for the development in wetland areas has been obtained from the United States army corps of engineers;

(3) Written verification by the local fire protection authority or authorities having jurisdiction in the area that adequate fire protection is provided and that applicable fire codes will be adhered to in the construction and operation of the manufactured home park.

(4) Four copies of the completed manufactured home park data sheet form prescribed by the director and signed by the person who prepared the plans. The form shall contain identifying information about the owner of the manufactured home park, the person who prepared the plans, and the contractor for the project and information about the location and dimensional design of the manufactured home park relative to the lots, driveways, walkways, auto parking, lighting, solid waste collection and storage, storm water drainage, and water and sewer systems;

(5) The total area of land to be used for manufactured home park purposes;

(6) Plot plan of total park and development phases which includes area, dimensions, and elevations. If the proposed manufactured home park or any portion of the park is to be located within a one hundred year flood plain, a map shall be submitted which has been prepared by a registered professional engineer and which shows the elevation and exact boundaries of the one hundred year flood plain, the specific areas of the park and lots within the one hundred year flood plain, and the location of the regulatory floodway if it is within the boundaries of the manufactured home park.

(7) Design plans for all entrance and exit streets, the internal street system and parking areas, including pavement designs and cross sections;

(8) Location, numbers, and sizes of manufactured home lots;

(9) Design and design plans for drainage of surface and storm waters;

(10) Location of public and private service buildings;

(11) Design plans for any electrical, natural gas, propane, and fuel oil distribution systems including individual manufactured home service connections;

(12) Area lighting plan;

(13) Method and plan for blocking, base support, and anchorage of manufactured homes, freestanding auxiliary buildings, room additions, or other accessory structures connected to the manufactured home;

(14) Method of storage and collection of solid wastes;

(15) Method and layout for fire protection;

(16) The design plans and profiles of the sanitary sewerage system and the design plans for the water system;

(17) Written verification that the plans for the sanitary sewerage system and the water system, if the water is to be from a public water system, have been approved by the Ohio environmental protection agency;

(18) A copy of the location evaluation form completed by the licensor as required under paragraph (A)(1) this rule;

(19) Written verification from the local zoning authority that the land use has been zoned and approved for the development of a manufactured home park: and

(20) A check payable to the treasurer, state of Ohio for the review fee in an amount determined under paragraph (E), paragraph (F), or paragraph (G), of this rule. The director, upon the request of the applicant for plan approval, may waive submission of any of the items required by this paragraph if the director determines that they are not necessary to review the plans effectively.

(C) If plans submitted to the director are incomplete, the director may request additional information or may return the incomplete plans without review to the person who submitted the plans. However, within thirty days after receipt of the additional information requested or receipt of complete plans which comply with paragraph (B) of this rule, the director shall approve or disapprove the plans.

(D) The director may disapprove plans if:

(1) The person submitting plans for review fails to comply with any requirements of section 3733.01 to 3733.08 of the Revised Code or this chapter;

(2) The proposed development would not comply with any requirement of sections 3733.01 to 3733.08 of the Revised Code or this chapter; or

(3) The plans submitted for review do not comply with the requirements of paragraph (B) of this rule or the person submitting incomplete plans fails to respond to the director's request for additional information. Any person aggrieved by the director's disapproval of plans under section 3733.21 of the Revised Code or this rule may request a hearing on the matter within thirty days after receipt of the director's notice of disapproval. The hearing shall be held in accordance with Chapter 119. of the Revised Code.

(E) The fee for plan review under this rule shall be equal to three two per cent of the total cost of the proposed development up to a maximum fee of fourtwo thousand three hundred dollars. This fee does not include Te cost of up any inspections performed under rule 3701-27-06.1 of the Administrative code.

(1) For projects received by the director on or after December 1, 2005, the fee for plan review of new development shall be equal to three percent of the total cost of the proposed development up to a maximum of four thousand eight hundred sixteen dollars.

(2) For projects received by the director on or after December 1, 2006, the fee for plan review of new development shall be equal to three percent of the total cost of the proposed development up to a maximum of five thousand two hundred forty-nine dollars.

(3) For projects received by the director on or after December 1, 2007, the fee for plan review of new development shall be equal to three percent of the total cost of the proposed development up to a maximum of five thousand six hundred sixty-nine dollars.

(F) For projects received by the director on or after December 1, 2004, the fee for plan review of new development that is limited to base support systems is one hundred twenty-five dollars. This fee does not include the cost of any inspections performed under rule 3701-27-06.1 of the Administrative Code.

(1) For projects received by the director on or after December 1, 2005, the fee for plan review of new development that is limited to a base support system is one hundred forty dollars.

(2) For projects received by the director on or after December 1, 2006, the fee for plan review of new development that is limited to a base support system is one hundred fifty-three dollars.

(3) For projects received by the director on or after December 1, 2007, the fee for plan review of new development that is limited to a base support system is one hundred sixty-five dollars.

(G) Notwithstanding paragraph (E) of this rule, the minimum fee for plan review of new development that is not a base support system for projects received by the director on or after December 1, 2004, is three hundred dollars. This fee does not include the cost of any inspections performed under rule 3701-27-06.1 of the Administrative Code.

(1) For projects received by the director on or after December 1, 2005, the minimum fee for plan review of new development that is not a base support system is three hundred forty dollars.

(2) For projects received by the director on or after December 1, 2006, the minimum fee for plan review of new development that is not a base support system is three hundred seventy-three dollars.

(3) For projects received by the director on or after December 1, 2007, the minimum fee for plan review of new development that is not a base support system is four hundred five dollars.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02.1
Prior Effective Dates: 7/1/1971, 6/1/1979, 9/3/83, 11/13/92, 8/3/97, 11/15/04, 11/7/05

3701-27-06.1 Compliance with approved plans, verification inspections.

(A) The owner or operator of a proposed manufactured home park for which plans have been approved in accordance with rule 3701-27-06 of the Administrative Code shall notify the director when development of the manufactured home park has been completed but before the developed area has been placed in operation.

(B) The director shall inspect new development in a manufactured home park to ensure that the development is consistent with this chapter and the plans submitted and approved under rule 3701-27-06 of the Administrative Code. Development in a newly constructed manufactured home park shall be inspected prior to the issuance of the initial license to operate the new manufactured home park. Development in an existing and licensed manufactured home park shall be completed prior to occupancy or before those newly developed portions of the manufactured home park are placed into operation. The director or licensor authorized by the director shall conduct the inspection within five business days of the notification required by paragraph (A) of this rule.

(C) The director may conduct inspections at any reasonable time and may conduct more than one inspection at any stage of the development to verify that the development is consistent with the approved plans. The director may also require the operator of a manufactured home park to provide written assurance from a registered professional engineer that any electrical, water, or sanitary sewerage systems were completed in accordance with the approved plans. Inspections of development conducted by the director under this paragraph shall be charged at the rate of seventy-five dollars per hour including travel time. Inspection and travel time that exceeds fifty percent of an hour shall be charged for the whole additional hour or portion thereof. The minimum fee for inspections conducted pursuant to this paragraph is one hundred twenty-five dollars. The fee for inspections conducted pursuant to this paragraph shall be invoiced by the department within thirty days of performing the inspection. All inspection fees shall be paid within thirty days of the date of mailing the invoice by the department. The director shall provide two business days prior notification to a licensee if the department determines that more than three inspections of development that is conducted pursuant to paragraph (C) of this rule are required.

(D) The fee for any inspection conducted under paragraph (B) of this rule shall be one hundred twenty-five dollars per inspection.

(1) The fee for inspections conducted under paragraph (B) of this rule on or after December 1, 2005, shall be one hundred forty dollars.

(2) The fee for inspections conducted under paragraph (B) of this rule on or after December 1, 2006, shall be one hundred fifty three dollars.

(3) The fee for inspections conducted under paragraph (B) of this rule on or after December 1, 2007, shall be one hundred sixty-five dollars.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3722.02
Rule Amplifies: 3733.021
Prior Effective Dates: 11/13/92, 11/15/04

3701-27-07 Site.

(A) The operator of a manufactured home park shall ensure that the manufactured home park site is remote from public health hazards, is well drained and is not subject to recurring flooding. Each manufactured home park lot shall be properly graded so as to prevent the accumulation of storm or other waters.

(B) If the director notifies the operator of a manufactured home park that the manufactured home park site or any portion thereof is located in a one hundred year flood plain as determined by reference to the federal emergency management agency's flood insurance rate maps or other means, the operator shall provide to the director or licensor authorized by the director within ninety days of the notice, detailed drawings and other documentation prepared by a registered professional engineer that denote the following:

(1) The exact portions of the park which are within the one hundred year flood plain;

(2) The elevations and exact boundaries of the one hundred year flood plain;

(3) The lot number of any lot or portion thereof which is located within the one hundred year flood plain and the type of manufactured home located on the lot; and

(4) The exact boundaries of the regulatory floodway limits if these are located within the manufactured home park.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.01 , 3733.02 , 3733.021 , 3733.022 , 3733.024 , 3733.025 , 3733.03 , 3733.031 , 3733.04 , 3733.05 , 3733.06 , 3733.07 , 3733.08
Prior Effective Dates: 7/1/1971, 6/1/79, 9/3/83, 11/13/92

3701-27-07.1 Flood plain management-notification of flood events.

(A) When a flood event affects a manufactured home park located in a one hundred year flood plain, the following shall occur:

(1) The operator of the manufactured home park shall notify the licensor in person or by telephone of the occurrence of the flood event within two business days of the occurrence of the flood event;

(2) The licensor shall notify the director of the occurrence of the flood event within one business day of being notified of the flood event under paragraph (A)(1) of this rule;

(3) In order to determine the extent of flood damage to the affected portions of the manufactured home park and any manufactured home or other structure, the director shall cause an inspection to be made of the manufactured home park within two business days after being notified of the flood event under paragraph (A)(2) of this rule.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.024
Prior Effective Dates: 11/13/1992

3701-27-07.2 Flood plain management development permits.

(A) No person shall cause development to occur or cause the replacement of a manufactured home that is located 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 or a licensor authorized by the director. If the development for which a permit is required under this paragraph is to occur on a lot where a manufactured home is or is to be located, the owner of the manufactured home and the operator of the manufactured home park shall jointly obtain a 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. No permit is required under this rule for the construction, erection, or manufacture of any building to which section 3781.06 of the Revised Code applies.

(B) If a manufactured home that is located in a one hundred year flood plain is substantially damaged as defined in paragraph (AA) of rule 3701-27-01 of the Administrative Code, the owner of the manufactured home shall make all alterations, repairs, or changes to the manufactured home and the operator of the manufactured home park shall make all alterations, repairs, changes to the lot on which the manufactured home is located that are necessary to ensure compliance with sections 3733.01 to 3733.08 of the Revised Code and this chapter. Such alterations, repairs, or changes may include, without limitation, removal of the manufactured home or other structures. No person shall cause to be performed any alteration, repair, or change unless the person first obtains a permit from the director or licensor authorized by the director. The owner of the manufactured home and the operator of the manufactured home park shall jointly obtain the permit required by this paragraph. 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.

(C) An application for a permit shall be accompanied by a check in the amount of the fee determined in accordance with paragraph (D) of this rule. The application shall be made to the director or licensor authorized by the director on a form prescribed by the director which shall include the following information:

(1) Identifying information about the applicants including the name and address of the manufactured home park, and the names and addresses of the applicants;

(2) The lot number of the lot to be developed, altered, repaired, or changed under the permit;

(3) The person, if known, who will perform the development, alteration, repair, or change;

(4) A description of the specific type of development, alteration, repair, or change to be performed;

(5) The technical information relative to elevations, type of fill materials, and methods of anchoring, blocking, elevating, or supporting the manufactured home, the free-standing auxiliary buildings, and any room additions or other accessory structures connected to the manufactured home;

(6) The method of preventing flotation or lateral movement by flood waters of service facilities such as electrical, heating, and cooling systems; and

(7) The method of minimizing or eliminating infiltration of flood waters into the water system and sanitary sewerage system and method of minimizing or eliminating discharges from the sanitary sewerage system into flood waters.

(D) The fee for the issuance of a permit under paragraph (A) or (B) of this rule shall be one hundred and twenty dollars, except that when the permit is issued for development, alteration, repair, or change for which a plan review is also required under rule 3701-27-05 of the Administrative Code, the fee shall be a total of fifty dollars for all development reviewed in the plans without reference to the number of lots involved in the development.

(E) Except as provided in paragraph (F) of this rule, a permit issued under paragraph (A) or (B) of this rule shall be valid for one year from the date of issuance of the permit. The director may grant one extension of ninety days if he finds that the person granted the permit has failed to complete the development, replacement, alteration, repair, or change for reasons beyond his control.

(F) A permit issued for development, alteration, repair, or change for which a plan review is also required under rule 3701-27-05 of the Administrative Code shall be valid for a period of time equal to the time for which approved plans are valid including any extensions granted by the director under paragraph (D) of rule 3701-27-05 of the Administrative Code.

(G) The director or a licensor authorized by the director shall disapprove an application for a permit required under paragraph (A) or (B) of this rule unless the director or the licensor finds that the proposed development, replacement, alteration, repair, or change complies with sections 3733.01 to 3733.08 of the Revised Code and this chapter.

(H) The director or licensor authorized by the director may suspend or revoke a permit issued under this rule for failure to comply with the approved permit, sections 3733.01 to 3733.08 of the Revised Code or this chapter.

(I) Any person aggrieved by the disapproval, suspension, or revocation of a permit under this rule by the director or by a licensor authorized by the director 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.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.024 , 3733.025
Prior Effective Dates: 11/13/1992, 11/7/05

3701-27-07.3 Flood plain management permit inspections.

(A) By the close of the business day following the completion of development, replacement, alteration, repair, or change for which a permit is required by paragraph (A) or (B) of rule 3701-27-072 of the Administrative Code, the person to whom the permit was issued shall notify the director or the licensor authorized by the director of the completion. Such notification shall be accomplished in person or by telephone.

(B) Upon receipt of the notification required in paragraph (A) of this rule, the director or licensor authorized by the director shall conduct at least one inspection to determine whether the development, replacement, change, repair, or alteration has been completed in accordance with sections 3733.01 to 3733.08 of the Revised Code, this chapter, and the approved permit. The director or licensor authorized by the director shall conduct the inspection within five business days of such notification.

(C) In order to verify compliance with sections 3733.01 to 3733.08 of the Revised Code, this chapter, and the approved permit, the director or licensor authorized by the director may conduct inspections at any reasonable time and may conduct more than one inspection at any stage of the development, replacement, change, repair, or alteration for which a permit is issued. The director may also require the operator of the manufactured home park to provide written assurance from a registered engineer that the electrical, water, and sanitary sewerage systems have been completed in accordance with the approved permit.

(D) The fee for the first inspection conducted under paragraph (B) of this rule is included in the fee for the permit. The fee for any subsequent inspection or inspections shall be one hundred dollars per day for any number of inspections conducted within the same manufactured home park.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.022 , 3733.025
Prior Effective Dates: 11/13/1992

3701-27-07.4 Flood plain management elevations; floodway regulations.

(A) In addition to meeting the other requirements of this chapter, new development of a manufactured home park and development of a new lot in an existing manufactured home park located in a one hundred year flood plain shall be filled and graded so that the base support system is elevated to a level which equals the sum of the following:

(1) The one hundred year flood elevation;

(2) Up to a maximum of one foot in allowable rise height which is above the one hundred year flood elevation and is intended to compensate for an increase in flood heights caused by development in the flood plain. Where a flood study specifies a rise height different from that established by the federal emergency management agency, or a local ordinance specifies a different rise height, that height shall be used; and

(3) One foot in freeboard height which is an extra margin of safety added to the one hundred year flood elevation to account for an increase in flood levels due to waves, debris, hydraulic surge, and other unknown factors.

Where flood plain information is not available, it shall be the responsibility of the person requesting a permit for development to provide the hydrologic and hydraulic data from a registered professional engineer necessary for the director or licensor authorized by the director to determine the flood protection elevation and ensure no encroachment upon the regulatory floodway.

(B) Except as provided in paragraph (C) of this rule, before a manufactured home is to be placed or replaced on an existing manufactured home park lot located within a one hundred year flood plain, the home shall be elevated so that the chassis is at or above a height equal to the lesser of the following:

(1) Thirty-six inches above the existing elevation of the manufactured home park lot; or

(2) The one hundred year flood elevation as specified on the federal emergency management agency's flood insurance rate maps or as determined by a registered professional engineer.

(C) A lot in an existing manufactured home park located within a one hundred year flood plain and upon which a manufactured home is substantially damaged as a result of a flood shall be elevated so that the lowest floor of the manufactured home is at or above a height equal to the one hundred year flood elevation as specified on the federal emergency management agency's flood insurance rate maps or as determined by a registered professional engineer.

(D) The manufactured home park operator shall upon the request of the director or the licensor authorized by the director provide written verification from a registered professional engineer or registered surveyor that the elevations required under paragraphs (A), (B), and (C) of this rule have been attained.

(E) No person shall cause development within a regulatory floodway unless it has been demonstrated to the director or the licensor authorized by the director through hydrologic and hydraulic analysis performed by a registered professional engineer that the proposed development would not result in any increase in the flood levels during the occurrence of a one hundred year flood.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.022 , 3733.025
Prior Effective Dates: 11/13/1992

3701-27-07.5 Flood plain management; authorization of licensor to issue permits.

(A) The director may authorize a licensor to issue permits for development, alterations, repairs, changes, and the replacement of manufactured homes within one hundred year flood plain areas in accordance with rule 3701-27-072 of the Administrative Code and to conduct inspections under 3701-27-073 of the Administrative Code.

(B) A licensor who wishes to be authorized to issue permits under rule 3701-27-072 of the Administrative Code and conduct inspections under rule 3701-27-073 of the Administrative Code shall submit to the director a written request which includes the following information:

(1) The name, educational background, and experience background of each person whom the licensor proposes to conduct the permitting process under rule 3701-27-072 of the Administrative Code and the inspection process under rule 3701-27-073 of the Administrative Code;

(2) Evidence that the licensor has the resources available to conduct the permitting and inspection process. Such resources shall include without limitation, access to or possession of the federal emergency management agency's flood boundary and floodway maps, and flood insurance rate maps for the communities within the licensor's jurisdiction;

(3) A stated agreement that the licensor will conduct the permitting and inspection process in accordance with sections 3733.01 and 3733.08 of the Revised Code and this chapter;

(4) A stated agreement that the director may be present during any inspections conducted by the licensor under rule 3701-27-073 of the Administrative Code; and

(5) If the licensor intends to enter into a contract with another person to conduct the permitting and inspection process, a statement as to whom the licensor intends to delegate its responsibilities.

(C) The director shall review the request and shall grant the request if the licensor has demonstrated that it has the ability and sufficient resources to conduct the permitting and inspection process in accordance with sections 3733.01 to 3733.08 of the Revised Code and this chapter. The director shall send the licensor written notice of his decision.

(D) A licensor who has been authorized by the director under this rule to conduct the permitting and inspection process may by contract delegate that authority and responsibility with the approval of the director to any of the following:

(1) A municipal corporation or any agency thereof within the jurisdiction of the licensor which has been authorized by the federal emergency management agency to issue permits and conduct inspections in one hundred year flood plain areas; or

(2) A board of county commissioners for unincorporated areas or any agency thereof within the jurisdiction of the licensor which has been authorized by the federal emergency management agency to issue permits and conduct inspections in one hundred year flood plain areas.

(E) The director may revoke or suspend his authorization of a licensor to conduct the permitting process under rule 3701-27-072 of the Administrative Code or the inspection process under rule 3701-27-073 of the Administrative Code if he finds that the licensor has failed to conduct the permitting or inspection process in accordance with sections 3733.01 to 3733.08 of the Revised Code and this chapter.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02 , 3733.022 , 3733.025
Prior Effective Dates: 11/13/1992

3701-27-08 Manufactured home lots.

(A) Each manufactured home lot in a manufactured home park constructed, changed, or added to after December 16, 1951, but prior to January 1, 1961, shall have a land area of not less than twelve hundred fifty square feet.

(B) Each manufactured home lot in a manufactured home park or section thereof, constructed after December 31, 1960, but prior to July 1, 1971, shall have a land area of not less than eighteen hundred square feet; provided, however, corner lots not exceeding ten per cent of the total number of lots, may have a land area of not less than fifteen hundred square feet.

(C) Each manufactured home lot in a manufactured home park or section thereof, constructed or substantially altered after June 30, 1971, shall have a land area of not less than thirty-six hundred square feet.

(D) As of May 8, 1994, each existing manufactured home in a manufactured home park constructed prior to July 1, 1971, is not required to comply with paragraphs (E) to (G) of this rule unless the manufactured home is removed from the lot. A replacement manufactured home must comply with paragraphs (E) to (G) of this rule.

(E) Each manufactured home, in a manufactured home park constructed prior to January 1, 1961, shall be placed upon the lot so as to provide not less than ten feet distance between the sides of any manufactured homes, eight feet distance between the end of any manufactured home and the side of any manufactured home, and five feet distance between manufactured homes placed end to end.

(F) Each manufactured home, in a manufactured home park constructed prior to July 1, 1971, shall be placed upon the lot so as to provide not less than ten feet distance from any building, public roadway, street, alley, and any right-of-way designated for vehicular traffic as specified by the Ohio department of transportation or other local jurisdiction, and not less than five feet distance from roadways and parkways within the manufactured home park, and not less than five feet distance from the manufactured home park property line.

(G) Each manufactured home, in a manufactured home park constructed after December 31, 1960, or substantially altered after June 30, 1971, shall be placed upon the lot so as to provide All of the following with respect to placement of the manufactured home in proximity to other manufactured homes:

(1) A manufactured home that is placed side to side with another manufactured home or placed at an angle of less than ninety degrees shall maintain an average distance between the manufactured homes of at least fifteen feet, but in no event shall be placed at a distance of less than twelve feet at any point.

(2) A manufactured home that is placed side to end with another manufactured home or placed at an angle of ninety degrees or greater, but less than one hundred and thirty-five degrees, shall maintain a minimum distance of ten feet from the other manufactured home; and

(3) A manufactured home that is placed end to end with another manufactured home or placed at an one hundred and thirty-five degree or greater angle shall maintain a minimum distance of five feet from the other manufactured home;

For the purpose of this paragraph, angles shall be measured in relation to each manufactured home's side or longest length. Average distance shall be determined by dividing by two the sum of the distance between each of the two corners of one manufactured home to the closest adjacent corner on the other manufactured home.

(H) Each manufactured home in a manufactured home park constructed or substantially altered after June 30, 1971, shall be placed upon the lot so as to provide not less than fifteen feet distance from any building, public roadway, street, alley and any right-of-way designated for vehicular traffic as specified by the Ohio department of transportation or other local jurisdiction, and not less than ten feet distance from roadways and parkways within the manufactured home park, and not less than ten feet distance from the manufactured home park property line.

(I) The operator of the manufactured home park shall be responsible for defining the manufactured home lot boundaries and requiring the proper placement of the manufactured home upon the lot. The operator shall assure compliance with the minimum spacing requirements of this rule. The operator shall also assure that an existing manufactured home that is not in compliance with the minimum spacing requirements of paragraphs (E) to (G) of this rule pursuant to paragraph (D) of this rule is not expanded, enlarged or otherwise extended in a manner that increases the noncompliance.

(J) In all instances where a manufactured home has been placed on a lot so as to provide less than ten feet distance between the sides of manufactured homes, less than eight feet distance between the end of the manufactured home and the side of any manufactured home, or less than five feet distance between manufactured homes placed end to end, and at all times that this condition exists, the park operator shall:

(1) Make conveniently, available, at no charge to the resident, at least one operable dry chemical, multi-purpose "2a 10 bc" rated or equivalent pressure-type fire extinguisher; and

(2) Make conveniently available, at no charge to the resident, a functioning battery-operated single-station smoke detector for each bedroom area if the manufactured home was constructed prior to June 15, 1976;

(K) In computing manufactured home distance requirements, width and length mean the largest overall width and length of the manufactured home including cabinets and other projections which contain interior space, lean-tos, auxiliary rooms, and similar accessories connected to the manufactured home. Width and length dimensions do not include structures which are completely open on two or more sides, roof projections, overhangs, colonnades, or eaves under which there is no interior space, nor do they include drawbars, couplings, or hitches.

(L) Each manufactured home lot and street in a manufactured home park shall be marked so as to be readily identifiable and easily readable from the street. Each manufactured home lot shall be identified by markings in numerals, letters, or a combination thereof, of a size of at least four inches. If a manufactured home park operator renumbers any lot or lots within the park, all renumbering shall be done in sequential order. The park operator shall notify the licensor and all safety service agencies at least seven days prior to placing the new numbering system into effect.

(M) The operator of a manufactured home park constructed or substantially altered after June 30, 1971 may apply to the licensor for a variance from the provisions of paragraph (G) or (H) of this rule for any existing manufactured home placed or installed on a manufactured home lot as of May 8, 1994. The licensor shall not grant a variance unless:

(1) The applicant applies in writing to the licensor specifically stating the proposed variance from the particular rule provision and certifying that the noncompliance existed as of May 8, 1994;

(2) The applicant lists all other reasonable alternatives for compliance and demonstrates that the alternatives have been investigated, considered, and determined to be unreasonable;

(3) The applicant demonstrates that there will be unusual and unnecessary hardship in complying with the rule provision; and

(4) The proposed variance will not adversely affect the public health and safety nor defeat the spirit and general intent of Chapter 3701-27 of the Administrative Code or sections 3733.01 to 3733.08 of the Revised Code.

The licensor shall request and consider recommendations from both the director and the fire authority with jurisdiction before considering the proposed variance. The licensor shall conduct a hearing within thirty days after receiving the application for a variance. The licensor shall either approve or deny the application. If the application is approved, the licensor shall issue a written variance listing the terms and conditions of the variance. The licensor shall inspect the manufactured home park every twelve months to certify compliance with the terms and conditions of the variance. The licensor may revoke a variance if the terms or conditions of the variance or the provisions of this rule are not met or are otherwise violated. A variance is immediately void upon removal of the existing manufactured home from the lot or upon attempt to expand, enlarge or otherwise extend a manufactured home in a manner that increases the noncompliance with the minimum spacing requirements of paragraph (G) or (H) of this rule. Any replacement manufactured home on the lot shall comply with paragraphs (G) and (H) of this rule.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.01 , 3733.022 , 3733.025 , 3733.05
Prior Effective Dates: 7/1/1971, 6/1/79, 9/3/83, 5/8/94, 8/19/96, 2/7/98, 11/7/98, 11/7/05

3701-27-08.1 Freestanding auxiliary buildings.

(A) No freestanding auxiliary building shall be placed within five feet of any occupied manufactured home or portion thereof other than the manufactured home occupied by the owner of the freestanding auxiliary building.

(B) Not more than two freestanding auxiliary buildings shall be placed on any manufactured home lot.

(C) Any freestanding auxiliary building on manufactured home lots within a manufactured home park that is located in a one hundred year flood plain shall be secured at the time of placement with a minimum of two tiedowns, anchors or anchor bolts per side at or near the corners of the freestanding auxiliary building to prevent movement by wind forces, collapse or lateral movement resulting from the flotation by floodwaters. No new or replacement auxiliary building may be placed in a regulatory floodway.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.03
Prior Effective Dates: 6/1/79, 9/3/83, 11/13/92, 9/29/96

3701-27-08.2 Tiedowns; supports; blocking.

(A) Every manufactured home placed in a manufactured home park on or after June 1, 1979, shall be secured with tiedowns at the time of placement of the manufactured home upon the lot in accordance with the recommendations of the individual manufactured home manufacturer or in accordance with appendix A to this rule (the 1987 standards of the "American National Standards Institute" for the installation of ground anchors and tiedowns for manufactured homes, be amended).

(B) Each manufactured home placed in a manufactured home park on or after September 3, 1983, shall be supported by blocking in accordance with the recommendations of the individual manufactured home manufacturer or in accordance with appendix B to this rule (the 1987 standards of the "American National Standards Institute" for load-bearing supports for manufactured homes, as may be amended).

(C) In addition to meeting the requirements of paragraph (B) of this rule, each manufactured home placed after the effective date of this rule on a lot in a manufactured home park that is located in a one hundred year flood plain shall be supported by blocking that has been reinforced by concrete grouting and steel bars to prevent collapse and lateral movement of the blocking supports from the forces of flood waters. Subject to approval of the director an alternate design for blocking may be used.

(D) Each manufactured home park lot upon which a manufactured home is to be placed or replaced after the effective date of this rule shall have one of the following base support systems:

(1) A paved pad;

(2) Paved strips;

(3) Concrete piers; or

(4) An alternate base support system approved by the director which shall be of such design, width, length and so positioned as to furnish a stable base for the manufactured home.

Paving shall be done with concrete having a minimum rating of three thousand pounds per square inch.

Appendix A Anchors and Ties

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/3701/0/27/3701-27-08$2_PH_FYR_C_APP1_20060130_1113.pdf

Appendix B Typical Designs of Load-Bearing Supports for Manufactured Homes

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/3701/0/27/3701-27-08$2_PH_FYR_C_APP2_20060130_1113.pdf

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.08
Prior Effective Dates: 7/1/1971, 6/1/79, 9/3/83, 11/13/92

3701-27-08.3 Placement notification.

(A) The operator of a manufactured home park licensed under rule 3701-27-04 of the Administrative Code shall submit to the licensor a list identifying each lot within the manufactured home park, the make and model of the manufactured home placed on the lot, the freestanding auxiliary buildings, room additions or other structures on the lot, and any other documentation, information, or permanently identifying characteristics of the manufactured home as may be required by the licensor.

(B) If any changes are proposed within the manufactured home park which would render the information submitted under paragraph (A) of this rule inaccurate, the operator of the manufactured home park shall submit to the licensor within two business days prior to the proposed change a form prescribed by the director which contains the following:

(1) Information regarding the proposed placement or replacement of any manufactured homes. This information shall contain the affected lot numbers and the make and model of the replacement manufactured home;

(2) Information regarding the proposed placement or replacement of freestanding auxiliary buildings;

(3) Information regarding the proposed construction of room additions, or other accessory structures to any manufactured home;

(4) Information regarding the proposed installation of blocking, support, and tiedown systems of any manufactured home or structure reported under paragraphs (B)(1) to (B)(3) of this rule; and

(5) Information regarding any other permanently identifying characteristics of the manufactured home.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.01 , 3733.02 , 3733.021 , 3733.022 , 3733.024 , 3733.025 , 3733.03 , 3733.031 , 3733.04 , 3733.05 , 3733.06 , 3733.07 , 3733.08 , 3733.09 , 3733.99
Prior Effective Dates: 11/13/1992, 6/24/94

3701-27-09 Streets, walkways, auto parking.

(A) Each manufactured home lot in each manufactured home park constructed on or after December 16, 1951, but prior to January 1, 1961, shall abut on a street which has a clear unobstructed width of not less than twenty feet.

(B) Each manufactured home lot in each manufactured home park or section thereof constructed on or after December 31, 1960, but prior to July 1, 1971 shall abut on a street within the manufactured home park which has a clear unobstructed width of not less than twenty-five feet exclusive of walkway.

(C) Each manufactured home lot in each manufactured home park or section thereof constructed on or after June 30, 1971, shall abut on a paved street within the manufactured home park which is designed and constructed in accordance with the following:

(1) All entrance and exit "two-way" streets shall have a minimum width of thirty-five feet exclusive of any median strip. One-way entrance or exit streets shall have a minimum width of twenty feet;

(2) All collector, minor, or cul-de-sac streets may have a minimum width of twenty feet and parking is not permitted;

(3) The operator may permit parking on both sides of streets having a minimum width of thirty feet;

(4) The operator may permit parking on both sides of streets having a minimum width of twenty-eight feet which have been designated as "one-way";

(5) The operator may permit parking on one side of "two-way" streets having a minimum width of twenty-eight feet;

(6) The operator may permit parking on one side of streets having minimum width of twenty feet which have been designated as "one-way";

(7) All materials and construction methods used in street, walkway, and parking construction, shall comply with the 1991 "Construction and Material Specifications" manual published by the Ohio department of transportation, as may be amended;

(8) If flexible paving is used it shall consist of a minimum of three inches of asphalt concrete placed on top of not less than six inches of properly prepared aggregate base. If rigid pavement is used, it shall consist of a minimum of five inches of plain Portland cement concrete having a minimum rating of three thousand pounds per square inch. Alternate pavements approved by the director having a strength equal to either of the above may be permitted for installation and use. The subgrade in either case shall be well drained, well compacted, and smoothly graded;

(9) The operator shall provide an area or areas throughout the manufactured home park for visitor parking if the streets having a minimum width of twenty feet are designated as "two-way".

(D) No manufactured home lot constructed on or after January 1, 1961, shall have direct accessway for vehicles to a public thoroughfare. Those manufactured home lots constructed on or after June 1, 1979, which are adjacent to a public thoroughfare shall be separated from the thoroughfare by either a natural or artificial barrier.

(E) The street system in a manufactured home park shall be directly connected to a public thoroughfare.

(F) Each manufactured home lot in each manufactured home park or section thereof constructed on or after June 30, 1971, shall be provided with paved on-lot parking space for two automobiles. Paving shall be done either in accordance with paragraph (K) of this rule or with a minimum of two inches of asphalt concrete placed on top of not less than six inches of aggregate base.

(G) Each manufactured home lot in each manufactured home park or section thereof constructed on or after June 30, 1971, shall be provided with a walkway paved in accordance with paragraph (J) of this rule and having a minimum width of two feet leading from the manufactured home door to the adjacent street, any main walkway, or parking area.

(H) Except as provided in paragraph (I) of this rule, each manufactured home park or portion thereof constructed after November 13, 1992, shall have a main walkway paved in accordance with paragraph (J) of this rule on at least one side of each of the manufactured home park streets. The walkway shall be parallel to the street and shall be at least three feet in width. This paragraph does not apply to cul-de-sac streets unless the cul-de-sac street is a main entrance or exit street to the manufactured home park.

(I) Notwithstanding paragraph (H) of this rule, a manufactured home park constructed on or after September 6, 1998 may be constructed without a walkway paved in accordance with paragraphs (H) and (J) of this rule, provided that the residential zoning classification in the political subdivision with jurisdiction does not require a paved walkway in all property zoned single family residential. This paragraph also applies to expansion of existing manufactured home parks, except that new walkways are not required if walkways do not currently exist. Any paved walkway either required by this rule, or provided within a manufactured home park, irrespective of whether the walkway is not required by this rule, shall be constructed in accordance with paragraphs (H) and (J) of this rule.

(J) For purposes of paragraphs (F) to (I), paving shall be done with a minimum of four inches of plain Portland concrete having a minimum rating of three thousand pounds per square inch.

(K) All manufactured home park streets shall be maintained in a safe, passable condition at all times.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.01 , 3733.022 , 3733.025 , 3733.03 , 3733.031 , 3733.04 , 3733.05
Prior Effective Dates: 7/1/1971, 6/1/79, 9/3/83, 11/13/92, 3/21/98, 9/6/98, 11/7/05

3701-27-10 Lighting.

All mobile home park streets shall be lighted at night by not less than three-tenths footcandle of artificial light.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 6/1/79

3701-27-12 Water systems.

(A) The operator of a manufactured home park shall ensure that the water system is maintained in a safe and sanitary manner so as not to create a hazard to the health of the manufactured home park occupants.

(B) The water supply for a manufactured home park shall be:

(1) For portions of the park developed after the effective date of this rule:

(a) From a public water supply if the manufactured home park has more than fifteen lots or the water supply serves more than twenty-five people. The water system shall be approved by the Ohio environmental protection agency; or

(b) From a private water system which meets the requirements of Chapter 3701-28 of the Administrative Code if the manufactured home park has fifteen or fewer lots and serves twenty-five or fewer people.

(2) For portions of a manufactured home park developed on or before the effective date of this rule:

(1) From a public water system approved by the Ohio environmental protection agency; or

(2) From a private water system which meets the requirements of Chapter 3701-28 of the Administrative Code.

(C) Water service pipes connected to a manufactured home shall be protected against freezing and shall meet one of the following requirements:

(1) Water service pipes located on a manufactured home park lot developed prior to June 1, 1979 shall be not less than one-half inch in diameter;

(2) Water service pipes located on a manufactured home park lot developed on or after June 1, 1979 shall be not less than three-quarters inch in diameter.

Any new or replacement water service pipes shall have a shut-off valve installed at or near the water main.

(D) Any new or replacement water system installed in a manufactured home park located in a one hundred year flood plain after the effective date of this rule shall be designed to minimize or eliminate infiltration of flood waters into the system.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 6/1/79, 11/13/92

3701-27-13 Storm water systems.

(A) Any person proposing development of a new manufactured home park or to any portion of an existing manufactured home park shall insure that a storm water management system is provided to carry anticipated storm water discharges from the manufactured home park site. The storm water management system shall be adequate to carry anticipated storm water discharges equal in depth and velocity to those which would occur during a ten-year frequency storm which is the storm having a ten per cent chance of occurring in any given year.

(B) Storm water management systems shall be designed and constructed in accordance with the 1992 "Manual of Location and Design, volume 2, Drainage Design," published by the Ohio department of transportation, as may be amended.

(C) The manufactured home park operator shall ensure that all storm water facilities, including but not limited to culverts, catch basins, and pipes, are maintained in a clean and free-flowing condition.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 11/13/1992

3701-27-14 Location of lines.

(A) Water supply lines or water service pipes shall not be laid in the same trench with a sanitary sewer line. Water and sewer lines shall have a minimum horizontal ten-foot separation. Where necessary to cross, the water supply line or water service pipe shall be laid not less than eighteen inches above the top of the sanitary sewer line.

(B) Water supply and sanitary sewer lines, other than individual water service pipes and sewer connectors, installed after the effective date of this rule shall be located so that they do not pass directly under any manufactured home.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 6/1/79, 11/13/92

3701-27-15 Park service building.

(A) Each mobile home park in which mobile homes not provided with toilet, lavatory and bath plumbing fixtures are accommodated shall be provided with a park service building or buildings for the exclusive use of the occupants and employees of the mobile home park.

(B) The park service building or buildings shall have a separate toilet room for each sex with at least one toilet, one lavatory, and one bath fixture in each room. Each such room shall be clearly marked for "Men" and for "Women".

(C) The park service building shall be adequately lighted and properly maintained at all times.

(D) No mobile home park shall have any mobile home not provided with toilet, lavatory and bath plumbing fixtures located more than two hundred feet from the park service building or buildings.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 6/1/79

3701-27-16 Number of plumbing fixtures.

A park service building or buildings required by rule 3701-27-15 of the Administrative Code, shall have one toilet, one lavatory, and one bath fixture for each sex for each fifteen mobile homes or fraction thereof not provided with complete plumbing fixtures. Water-flushed urinals may be substituted for not more than twenty-five per cent of the required toilets in such park service buildings.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 6/1/79

3701-27-17 Laundry facilities. [Rescinded].

Rescinded eff 11-17-05

3701-27-18 Sewage.

(A) All sewage and waste water from toilets, showers, bathtubs, slop sinks, lavatories, kitchen sinks, laundries, floor drains, and similar plumbing fixtures from manufactured homes and manufactured home parks shall be discharged into a sanitary sewerage system. There shall be no separate discharge from the sanitary sewerage system which could cause the discharge of any untreated sewage or other wastes into the waters of the state as defined in section 6111.01 of the Revised Code.

(B) Each manufactured home lot shall be provided with a four inch lateral sanitary sewer which shall be effectively trapped and protected from freezing. The lateral sanitary sewer shall extend vertically to the surface of the ground and shall be properly protected to prevent breakage and the entrance of surface water into the sanitary sewerage system.

(C) The sanitary sewerage system shall be maintained in a safe and sanitary manner so as not to create a hazard to the health of the manufactured home park occupants.

(D) Any new and replacement sanitary sewerage systems installed after the effective date of this rule shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. On-site sanitary sewerage disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(E) All manufactured home park sanitary sewerage systems shall be approved by the Ohio environmental protection agency.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 6/1/79, 11/13/92

3701-27-19 Mobile home connections.

Each outlet from a mobile home drainage system shall be directly connected to the lateral sanitary sewer with a sewer connector or other approved device. It shall be a responsibility of the operator to supervise the installation of the sewer connector. There shall be no discharge of sewage onto the surface of the ground nor shall there be any noticeable sewage odors in the mobile home park.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 1/1/79

3701-27-20 Solid waste, collection and storage.

(A) No solid wastes shall be permitted to accumulate in mobile home parks except in containers as hereinafter described.

(B) Rust-resistant, watertight, non-absorbent, and easily washable containers covered with close-fitting lids shall be provided in convenient locations at mobile home parks and shall be in sufficient numbers to contain all solid wastes accumulated between collections. All containers shall be washed and treated with a disinfectant as often as necessary to prevent nuisance.

(C) All solid wastes shall be collected from mobile home parks at least once each week.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 6/1/79

3701-27-22 Insects. [Rescinded].

Rescinded eff 11-17-05

3701-27-23 Rats and mice. [Rescinded].

Rescinded eff 11-17-05

3701-27-24 Electrical systems.

(A) Electrical systems in manufactured home parks shall be installed and maintained in accordance with the "National Electrical Code - 1996 Handbook, Article 550 - Mobile Homes and Mobile Home Parks", or "N.E.C.", published by the national fire protection association, as may be amended, and the approved plans. Electrical systems shall include all electrical wiring and connections from the manufactured home to the electrical distribution system installed by the power company. The park operator shall install and maintain all electrical systems in accordance with the N.E.C.

(B) Any new or replacement electrical systems installed after November 13, 1992, in manufactured home parks located within a one hundred year flood plain shall be located and designed so as to prevent water from entering or accumulating within the components during conditions of flooding.

(C) The park operator shall upon request of the licensor present acceptable written evidence from an electrical inspector certified by the board of building standards, Ohio department of commerce, that the electrical system is in compliance with the provisions of this rule.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 6/1/79, 11/13/92, 1/16/99

3701-27-25 Fire protection.

Fire protection activities and fire fighting equipment shall be in compliance with the rules and regulations of the local or state fire prevention authority.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 6/1/79

3701-27-26 Recreation area and facilities.

(A) Each manufactured home park constructed after June 30, 1971, shall set aside and provide suitable recreational space which residents can use for recreational purposes consisting of not less than five per cent of the gross manufactured home park area.

(B) When provided, recreational facilities such as playgrounds, swimming pools, tennis courts, basketball courts and community buildings shall meet all applicable state and local laws and regulations and shall be appropriate for the intended use. Such facilities shall be properly operated and maintained.

(C) Boats and recreation vehicles shall not be stored on the individual manufactured home lot. Each manufactured home park operator may designate an area for parking boats and recreation vehicles which may be considered as not more than twenty-five per cent of the required recreation area.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 6/1/79, 11/07/05

3701-27-27 Maintenance.

(A) All manufactured home park buildings, lots, streets, walkways, and other facilities shall be maintained in a condition satisfactory to the licensor at all times.

(B) Domestic animals or house pets shall not be allowed to run at large or create nuisances in manufactured home parks.

(C) Insects.

(1) When flies and other insects are present, all windows, doors and other openings to the outside of manufactured home park buildings shall be screened or other effective means provided to prevent the entrance of insects.

(2) The manufactured home park shall be kept reasonably free of flies and mosquitoes at all times.

(D) Manufactured home parks shall be free of rats and mice. Whenever conditions in the manufactured home park provide harboring for rats and mice, the operator shall immediately remove such conditions in a manner satisfactory to the licensor.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 6/1/79, 11/07/05

3701-27-28 Rules.

The operator shall establish rules governing the operation and maintenance of the mobile home park. Such rules shall be conspicuously posted or provided to each occupant as they initially enter the mobile home park.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 6/1/79

3701-27-29 On duty.

The operator or a person authorized by the operator to represent him shall be available. An emergency contact number must be posted in the manufactured home park with the rules of the manufactured home park.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 6/1/1979, 11/07/05

3701-27-30 Records.

The operator shall keep records and make reports as required by the licensor consistent with the Revised Code and Chapter 3701-27 of the Administrative Code.

R.C. 119.032 review dates: 11/01/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 3733.02
Rule Amplifies: 3733.02
Prior Effective Dates: 7/1/1971, 6/1/79, 11/07/05