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.
(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.
119.032 review dates:
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