Chapter 4781-12 Manufactured Home Parks

4781-12-01 Manufactured home park definitions.

As used in rules 4781-12-01 to 4781-12-33 of the Administrative Code:

(A) "Commission" means the Ohio manufactured homes commission.

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

(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; or

(c) Mudslides that are proximately caused by flooding as defined in paragraph (B)(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 (B)(1)(a) of this rule.

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

(E) "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.

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

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

(H) "Manufactured home" has the meaning set forth in section 3781.06 of the Revised Code. For purposes of this chapter, "mobile home" also means "manufactured home".

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

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

(K) "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. "Manufactured home park" does not include any of the following:

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

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

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

(L) "Manufactured home park operator" or "park operator" or "operator" means the person who has responsible charge of the manufactured home park that is licensed under section 4781.26 to 4781.35 of the Revised Code and this chapter.

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

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

(O) "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.

(P) "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.

(Q) "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.

(R) "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.

(S) "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.

(T) "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.

(U) "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.

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

(W) "Resident" has the same meaning as in section 4781.01 of the Revised Code. For purposes of this chapter, "resident" also means the person or persons using a manufactured home for habitation.

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

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

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

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

(CC) "Solid wastes" means such unwanted residual solid or semisolid material as results from commercial and community operations, including, but not limited to, garbage, street dirt, debris and combustible and noncombustible material.

(DD) "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.

(EE) "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.

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

(GG) "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.

(HH) "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.

(II) "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.

(JJ) "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.

Replaces: 3701-27-01

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.01
Prior Effective Dates: 7/1/71, 6/1/1979, 9/3/1983, 11/13/1992

4781-12-02 Application of rules; license for manufactured home parks.

(A) All manufactured home parks shall comply with the provisions of Chapter 4781-12 of the Administrative Code.

(B) No person shall maintain or operate a manufactured home park in this state without a license issued by the commission. 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 4781.12 of the Administrative Code, or sections 4781.26 to 4781.51 of the Revised Code.

Replaces: 3701-27-02

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.27
Prior Effective Dates: 7/1/71, 6/1/1979, 9/6/1998

4781-12-03 Manufactured home park 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 on a form prescribed by the commission. 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.

Replaces: 3701-27-03

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.27
Prior Effective Dates: 7/1/71, 12/1/76, 6/1/1979, 9/6/1998

4781-12-04 Application for manufactured home park 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 commission. 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 commission by the close of business on the last day of December, the applicant for the license shall pay a penalty equal to twenty-five per cent of the applicable license fee. The penalty shall accompany the license fee. If the last day of December is not a business day, the penalty attaches upon the close of business on the next business day.

(B) The operator of a manufactured home park shall make written application for a license to the commission. The operator shall apply for a separate license to operate each manufactured home park. The application form shall be prescribed by the commission and shall contain pertinent information relative to the licensing of the manufactured home park. In the event of the transfer of the park operator, written application must be made to the commission within thirty days of transfer.

(C) The commission may charge a fee for an annual license to operate such a park. The fee shall be determined in accordance with section 4781.27 of the Revised Code and shall include the cost of licensing and the annual inspection.

Replaces: 3701-27-04

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.27
Prior Effective Dates: 7/1/71, 6/1/79, 8/31/90(Emer), 12/7/90, 11/13/92, 10/31/93, 11/27/97, 9/6/98, 11/15/2004

4781-12-04.1 Manufactured home park inspection.

(A) The commission or their contractually designated representative shall inspect manufactured home parks and require compliance with sections 4781.26 to 4781.35 of the Revised Code and rules adopted thereunder.

(B) The commission or their contractually designated representative shall have authority to enter mobile home parks at reasonable times to conduct inspections and investigate conditions relating to the enforcement of rules 4781-12-01 to 4781-12-33 of the Administrative Code.

(C) Boards of health of city or general health districts shall have the first refusal for those contracts.

Replaces: 3701-27- 04.1

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 6/1/79

4781-12-04.2 Manufactured home park license fee categories.

The license fees established by the commission for manufactured home parks shall be based on a base fee and the number of lots in the park, and charged in accordance with the following categories:

(A) A base fee of one hundred fifty dollars annually per park; and

(B) A fee of four dollars and fifteen cents per lot annual.

Replaces: 3701-27- 04.02

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.28
Prior Effective Dates: 8/31/90 (Emer), 12/7/1990, 11/13/1992

4781-12-05 Development 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 commission.

(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 commission.

(C) A person who wishes to amend approved plans shall file with the commission a written request for amendment. The request shall state specifically the type and extent of the amendments and may include supporting documents. The commission 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 4781-12-06 of the Administrative Code. The commission shall approve the request if the plans as amended comply with the requirements of sections 4781.26 to 4781.35 of the Revised Code and this chapter.

(D) The approval of plans issued by the commission shall be valid for three years after the date on which the commission 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 commission 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 commission 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 4781-12-06 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 commission no more than ten days after the transfer occurs.

Replaces: 3701-27-05

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 12/17/51, 7/1/71, 12/1/76, 6/1/1979, 9/3/1983, 11/13/92

4781-12-05.1 Submission for review and approval of development plans.

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

(1) Request that the commission conduct an evaluation of the proposed location, which shall include, but not be 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 commission 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 commission for any permits under rule 4781-12-07.2 of the Administrative Code for development in a one hundred year flood plain area.

(B) The plans submitted to the commission 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 commission 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 (EE) of rule 4781-12-01 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 commission 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 manufactures 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) Are 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 completed by the commission under paragraph (A)(1) this rule; 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

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

(C) If plans submitted to the commission are incomplete, the commission 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 commission shall approve or disapprove the plans.

(D) The commission may disapprove plans if:

(1) The person submitting plans for review fails to comply with any requirements of sections 4781.26 to 4781.35 of the Revised Code or this chapter;

(2) The proposed development would not comply with any requirement of sections 4781.26 to 4781.35 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 commission's request for additional information.

Any person aggrieved by the commission's disapproval of plans under section 4781.31 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 per cent of the total cost of the proposed development up to a maximum fee of three per cent of total cost not to exceed five thousand six hundred sixty-nine dollars. This fee does not include the cost of any inspections performed under rule 4781-12-06.1 of the Administrative Code.

(F) 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 commission on or after December 1, 2012, is four hundred five dollars. This fee does not include the cost of any inspections performed under rule 4781-12-06.1 of the Administrative Code.

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31

4781-12-05.2 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 4781-12-06 of the Administrative Code shall notify the commission in writing when development of the manufactured home park has been completed but before the developed area has been placed in operation.

(B) The commission 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 4781-12-06 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 commission shall conduct the inspection within five business days of the notification required by paragraph (A) of this rule.

(C) The commission 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 commission 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 commission 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 per cent 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 commission 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 commission. The commission 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 sixty-five dollars per inspection.

Replaces: 3701-27- 06.1

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31 , 4781.32
Prior Effective Dates: 11/13/1992, 11/15/2004

4781-12-06 Site.

(A) The operator 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 commission notifies the operator 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 commission 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.

Replaces: 3701-27-07

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31 , 4781.32
Prior Effective Dates: 7/1/71, 6/1/79, 9/3/1983, 11/13/1992

4781-12-07 Flood plain management - notification of flood events.

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

(A) The operator shall notify the commission and the board of health having jurisdiction where the flood event occurred in person or by telephone of the occurrence of the flood event within two business days of the occurrence of the flood event;

(B) The commission shall notify the board of health 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;

(C) 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 commission shall review the report of inspection issued by the board of health pursuant to section 4781.33 of the Revised Code. The board of health shall issue a report of inspection to the commission within ten days after the inspection is completed.

Replaces: 3701-27- 07.1

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31 , 4781.32
Prior Effective Dates: 11/13/1992

4781-12-07.1 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 commission. 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 and the operator 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 (Z) of rule 4781-12-01 of the Administrative Code, the owner shall make all alterations, repairs, or changes to the manufactured home and the operator shall make all alterations, repairs, changes to the lot on which the manufactured home is located that are necessary to ensure compliance with sections 4781.26 to 4781.35 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 commission. The owner and the operator 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 commission on a form prescribed by the commission 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 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 4781-12-05 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 commission 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 4781-12-05 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 commission under paragraph (D) of rule 4781-12-05 of the Administrative Code.

(G) The commission shall disapprove an application for a permit required under paragraph (A) or (B) of this rule unless the commission finds that the proposed development, replacement, alteration, repair, or change complies with sections 4781.26 to 4781.35 of the Revised Code and this chapter.

(H) The commission may suspend or revoke a permit issued under this rule for failure to comply with the approved permit, sections 4781.25 to 4781.35 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 commission may request a hearing on the matter within thirty days after receipt of the notice of the disapproval, suspension, or revocation. The hearing shall be held in accordance with Chapter 119. of the Revised Code.

Replaces: 3701-27- 07.2

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.33 , 4781.34
Prior Effective Dates: 11/13/1992, 11/7/05

4781-12-07.2 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 4781-12-07.2 of the Administrative Code, the person to whom the permit was issued shall notify the commission 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 commission shall conduct at least one inspection to determine whether the development, replacement, change, repair, or alteration has been completed in accordance with sections 4781.26 to 4781.35 of the Revised Code, this chapter, and the approved permit. The commission shall conduct the inspection within five business days of such notification.

(C) In order to verify compliance with sections 4781.26 to 4781.35 of the Revised Code, this chapter, and the approved permit, the commission 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 commission 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.

Replaces: 3701-27- 07.3

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.33 , 4781.34
Prior Effective Dates: 11/13/1992

4781-12-07.3 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 operator shall upon the request of the commission 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 commission 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.

Replaces: 3701-27- 07.4

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.33 , 4781.34
Prior Effective Dates: 11/13/1992

4781-12-08 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 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 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 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 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 an operator renumbers any lot or lots within the park, all renumbering shall be done in sequential order. The park operator shall notify the commission 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 commission for a variance from the provisions of paragraphs (A) to (H) of this rule for any existing manufactured home placed or installed on a manufactured home lot as of May 8, 1994. The commission shall not grant a variance unless:

(1) The applicant applies in writing to the commission 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 4781-12 of the Administrative Code or sections 4781.26 to 4781.35 of the Revised Code.

The commission shall request and consider recommendations from both the director of the Ohio department of health and the fire authority with jurisdiction before considering the proposed variance. The commission shall conduct a hearing within thirty days after receiving the application for a variance. The commission shall either approve or deny the application. If the application is approved, the commission shall issue a written variance listing the terms and conditions of the variance. The commission 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.

Replaces: 3701-27-08

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/79, 9/3/83, 5/8/94, 8/19/1996, 2/7/1998, 11/7/98, 11/7/2005

4781-12-08.1 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. However, if the manufactured home park was established prior to 1961, then no freestanding auxiliary building shall be placed within four feet of any occupied manufactured home or portion thereof other than the manufactured home occupied by the owner of the freestanding auxiliary building, unless such placement would violate existing local, state, or federal law.

(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.

Replaces: 3701-27- 08.1

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 6/7/1979, 9/3/1983, 11/13/1992, 9/29/1996

4781-12-08.2 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).

(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 specifications 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).

(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 in accordance with agency 4781of the Administrative Code. Subject to approval of the commission 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 commission 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.

Replaces: 3701-27- 08.2

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979, 9/3/1983, 11/13/1992

4781-12-08.3 Placement notification.

(A) The operator of a manufactured home park licensed under rule 4781-12-04 of the Administrative Code shall submit to the commission 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 commission.

(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 shall submit to the commission within two business days prior to the proposed change a form prescribed by the commission 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.

Replaces: 3701-27- 08.3

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 11/13/1992, 6/24/1994

4781-12-09 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;

(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; and

(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) of this rule, 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.

Replaces: 3701-27-09

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/79, 9/3/1983, 11/13/1992, 3/21/1998, 9/6/1998, 11/7/2005

4781-12-10 Lighting.

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

Replaces: 3701-27-10

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979

4781-12-11 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:

(a) From a public water system 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.

(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.

Replaces: 3701-27-12

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979, 11/13/1992

4781-12-12 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.

(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.

Replaces: 3701-27-13

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 11/13/1992

4781-12-13 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.

Replaces: 3701-27-14

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979, 11/13/1992

4781-12-14 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.

Replaces: 3701-27-15

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979

4781-12-15 Number of plumbing fixtures.

A park service building or buildings required by rule 4781-12-15 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.

Replaces: 3701-27-16

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979

4781-12-16 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.

Replaces: 3701-27-18

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979, 11/13/1992

4781-12-17 Manufactured home connections.

Each outlet from a manufactured home drainage system shall be directly connected to the lateral sanitary sewer with a sewer connector or other approved device. It shall be the responsibility of the operator to ensure that the installation of the sewer connection is performed and supervised by a properly licensed installer. 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.

Replaces: 3701-27-19

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979

4781-12-18 Solid waste, collection and storage.

(A) No solid wastes shall be permitted to accumulate in manufactured 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 manufactured 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 manufactured home parks at least once each week.

Replaces: 3701-27-20

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979

4781-12-19 Electrical systems.

(A) Electrical systems in manufactured home parks shall be installed and maintained in accordance with the "National Electrical Code - 2008 Handbook, Article 550 -Mobile Homes and Mobile Home Parks," or "N.E.C.," published by the national fire protection association 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 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 commission, present acceptable written evidence from an electrical safety inspector certified by the board of building standards, Ohio department of commerce, and that the electrical system is in compliance with the provisions of this rule.

Replaces: 3701-27-24

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979, 11/13/1992, 1/16/1999

4781-12-20 Fire protection.

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

Replaces: 3701-27-25

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979

4781-12-21 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.

Replaces: 3701-27-26

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979, 11/7/2005

4781-12-22 Maintenance.

(A) All manufactured home park buildings, lots, streets, walkways, and other facilities shall be maintained in a condition satisfactory to the commission 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) Whenever conditions in the manufactured home park provide harboring for pests, the presence of which may adversely affect the health or safety of the residents, the operator shall immediately remove such conditions in a manner satisfactory to the commission.

Replaces: 3701-27-27

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979, 11/7/2005

4781-12-23 Rules.

(A) The park operator shall establish rules governing the operation and maintenance of the manufactured home park. Such rules, or any changes thereto, shall be conspicuously posted and provided to each occupant as they initially enter the manufactured home park.

(B) If the park operator amends the rules, he/she shall provide a copy of any such amendment to each resident in the manufactured home park by either personally delivering a copy or by sending a copy by first class mail to each home. The rules shall also be conspicuously posted in the park. Any new rules shall be effective thirty days after they have been provided to all residents pursuant to this rule.

(C) If the park operator fails to provide a copy of the rules or any amendment to any resident as prescribed in paragraph (A) or (B) of this rule, such rule may not be enforced against the resident.

Replaces: 3701-27-28

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979

4781-12-24 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.

Replaces: 3701-27-29

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 6/1/1979, 11/7/2005

4781-12-25 Records.

The operator shall keep records and make reports as required by the commission consistent with the Revised Code and Chapter 4781-12 of the Administrative Code.

Replaces: 3701-27-30

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31
Prior Effective Dates: 7/1/71, 6/1/1979, 11/7/2005

4781-12-26 Maintenance of records.

The commission shall develop a policy regarding the maintenance of records for any inspection authorized or conducted pursuant to Chapter 4781. of the Revised Code, and such records shall be public records pursuant to section 149.43 of the Revised Code.

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.31 , 4781.32 , 4781.33

4781-12-27 Contracts for commission's annual inspections.

The commission may enter into contracts for the purpose of fulfilling the commission's annual inspection responsibilities for manufactured home parks. Board of health of city or general health districts shall have the right of first refusal for such contracts.

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.26
Rule Amplifies: 4781.26

4781-12-28 Manufactured home parks; resident's remedies; retaliation prohibited.

(A) Subject to section 4781.37 of the Revised Code, a park operator shall not retaliate against a resident by increasing the resident's rent, decreasing services that are due to the resident, refusing to renew or threatening to refuse to renew the rental agreement with the resident, or bringing or threatening to bring an action for possession of the resident's premises be-cause:

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

(2) The resident has complained to the park operator of any violation of section 4781.38 of the Revised Code; or

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

(B) If a park operator acts in violation of paragraph (A) of this rule, the resident may:

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

(2) Recover possession of the premises; or

(3) Terminate the rental agreement.

In addition, the resident may recover from the park operator any actual damages together with reasonable attorney's fees.

(C) Nothing in paragraph (A) of this rule prohibits a park operator from increasing the rent to reflect the cost of improvements installed by the park operator in or about the premises or to reflect an increase in other costs of operation of the premises.

(D) In the event that a court of competent jurisdiction determines that a park operator has violated division (A) of section 4781.36 of the Revised Code, the commission shall consider such violation a violation of this rule and may take action pursuant to section 4781.121 of the Revised Code.

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04
Rule Amplifies: 4781.36

4781-12-29 Rental agreements; disclosures; rules; prohibited conditions.

(A) The park operator shall offer each home owner a written rental agreement for a manufactured home park lot for a term of one year or more that contains terms essentially the same as any alternative month-to-month rental agreement offered to current and prospective tenants and owners. The park operator shall offer the minimum one-year rental agreement to the owner prior to installation of the home in the manufactured home park or, if the home is in the man-ufactured home park, prior to the expiration of the owner's existing rental agreement.

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

(B) If the park operator sells the manufactured home park for a use other than as a manufactured home park, the park operator shall give each tenant and owner a written notification by certified mail, return receipt requested, or by handing it to the tenant or owner in person. If the park operator delivers the notification in person, the recipient shall complete a return showing receipt of the notification. This notification shall contain notice of the sale of the manufactured home park, and notice of the date by which the tenant or owner shall vacate. The date by which the tenant shall vacate shall be at least one hundred twenty days after receipt of the written notification, and the date by which the owner shall vacate shall be at least one hundred eighty days after receipt of the written notification.

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

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

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

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

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

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

(I) No park operator shall:

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

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

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

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

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

(J) If the park operator violates any provision of paragraphs (A) to (H) of this rule, the tenant or owner may recover actual damages resulting from the violation, and, if the tenant or owner obtains a judgment, reasonable attorneys' fees, or terminate the rental agreement.

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

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

(M) A park operator and a tenant or owner may include in a rental agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties that are not inconsistent with or prohibited by sections 4781.36 to 4781.52 of the Revised Code or any other rule of law.

(N) Notwithstanding any other provision of the Revised Code, the owner of a manufactured or mobile home may utilize the services of a manufactured housing dealer or broker licensed under Chapter 4781. of the Revised Code or a person properly licensed under Chapter 4735. of the Revised Code to sell or lease the home.

(O) In the event that a court of competent jurisdiction determines that a park operator has violated any of the divisions of section 4781.40 of the Revised Code, the commission shall consider such violation of this rule and may take action pursuant to section 4781.121 of the Revised Code.

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04
Rule Amplifies: 4781.38

4781-12-30 Resident's duties.

(A) A resident who is a party to a rental agreement shall:

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

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

(3) Comply with the requirements imposed on residents by all applicable state and local housing, health, and safety codes, rules of the commission, and rules of the manufactured home park;

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

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

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

(C) If the resident violates any provision of this section, the park operator may recover any actual damages which result from the violation and reasonable attorney's fees. This remedy is in addition to any right of the park operator to terminate the rental agreement, to maintain an action for the possession of the premises, or injunctive relief to compel access under paragraph (B) of this rule.

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04
Rule Amplifies: 4781.39

4781-12-31 Intimidation prohibited.

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

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

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

(D) A park operator who violates this section is liable in a civil action for all damages caused to a resident, or to a resident whose right to possession has terminated, together with reasonable attorney's fees.

(E) In the event that a court of competent jurisdiction determines that a park operator has violated any of the divisions of section 4781.49 of the Revised Code, the commission shall consider such violation a violation of this rule and may take action pursuant to section 4781.121 of the Revised Code.

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04
Rule Amplifies: 4781.49

4781-12-32 Security deposit limitations.

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

(B) Upon termination of the rental agreement any property or money held by the park operator as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the park operator has suffered by reason of the resident's noncompli-ance with section 4781.39 of the Revised Code or the rental agreement. Any deduction from the security deposit shall be itemized and identified by the park operator in a written notice delivered to the resident together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The resident shall provide the park operator in writing with a forwarding address or new address to which the written notice and amount due from the park operator may be sent. If the resident fails to provide the park operator with the forwarding or new address as required, the resident shall not be entitled to damages or attorneys fees under paragraph (C) of this rule.

(C) If the park operator fails to comply with paragraph (B) of this rule, the resident may recover the property and money due him, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorney's fees.

(D) In the event that a court of competent jurisdiction determines that a park operator has violated any of the divisions of section 4781.39 of the Revised Code, the commission shall consider such violation a violation of this rule, and may take action pursuant to section 4781.121 of the Revised Code.

Effective: 12/01/2012
R.C. 119.032 review dates: 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04
Rule Amplifies: 4781.39