Chapter 4781-7 Inspections

4781-7-01 Inspections.

(A) General.

(1) All manufactured homes installed in Ohio shall be inspected for compliance with the Ohio manufactured home installation standards by a commission certified manufactured home inspector, or trained commission inspector and authorized pursuant to Chapter 4781. of the Revised Code.

(2) The commission shall adopt a checklist for the inspection of manufactured homes.

(3) An inspector shall use the commission adopted checklist as a minimum for all inspections.

(B) Commission inspection seal.

(1) The commission shall adopt a commission inspection seal.

(2) Except as provided in paragraph (C) of this rule, no manufactured home shall be occupied until the inspector has issued the commission inspection seal. The commission inspection seal shall be paid for at the time the permit is issued and shall not be construed as an approval of a violation of the provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder or of other ordinances of the authority having jurisdiction. Any commission inspection seal issued in error shall not be valid.

(3) After the inspector inspects the installation of the manufactured home and finds it complies with the provisions of Chapter 4781. of the Revised Code and the rules promulgated thereunder and other laws that are enforced by the authority having jurisdiction, the inspector shall place the commission inspection seal in the manufactured home in the proximity of the electrical panel box.

(4) Except as provided in paragraph (C) of this rule, every manufactured home that has passed installation inspection by the inspector having jurisdiction shall have a commission inspection seal prior to occupancy. The commission inspection seal must be placed by the authority having jurisdiction in the proximity of the electrical panel box cover with an electrical approval tag at the meter base. No person shall remove, destroy, alter or cover an inspection seal except as permitted by paragraph (D) of this rule. The commission inspection seal shall not be affixed until the manufactured home meets the Ohio manufactured home installation standards. A copy of the commission inspection seal information shall be maintained in the records of the authority having jurisdiction.

(5) The commission inspection seal shall contain the following, written in permanent ink:

(a) The name and license number of the manufactured home installer;

(b) The serial number of the manufactured home;

(c) The address where the home is located;

(d) The signature of a commission certified inspector;

(e) The date the seal is signed and affixed to the home signifying final approval; and

(f) Any special stipulations and conditions of the installation permit or of the approval.

(C) Temporary occupancy permits. The authority having jurisdiction shall be authorized to issue a temporary occupancy permit before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The authority having jurisdiction shall set a time period during which the temporary occupancy permit is valid not to exceed six months. Two six month extensions may be granted by the authority having jurisdiction upon written request if the installation is in accordance with Chapter 4781-6 of the Administrative Code. The temporary occupancy permit shall not be the commission inspection seal but shall be on a form approved by the commission.

(1) Conformance. Temporary occupancy permits shall not be issued unless the manufactured home meets a temporary occupancy permits requirements, and no life safety hazards exist.

(2) Termination of temporary occupancy permits. The authority having jurisdiction may terminate the temporary occupancy permit if (a) the temporary occupancy permit has expired, or (b) the manufactured home no longer meets the temporary occupancy permit requirements.

(D) Revocation of the commission inspection seal or the temporary occupancy permit. The authority having jurisdiction may suspend or revoke an inspection seal issued under Chapter 4781. of the Revised Code or the rules promulgated thereunder if the seal or the temporary occupancy permit is issued in error, or if the information provided is incorrect, or it is determined that the manufactured home is in violation of any ordinance or regulation by the authority having jurisdiction or any of the provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder.

(E) Jurisdiction for inspections.

All installation inspections in Ohio shall be conducted by an inspector who shall be certified by the Ohio manufactured homes commission, who has completed an installation training course approved by the commission and has passed the commission inspector test. The inspector shall ensure that the installation meets the requirements of the Ohio manufactured home installation standards.

(F) Contracts with inspection agencies.

The commission may enter into contracts with certified building departments, certified health departments, certified third party inspection agencies, or certified inspectors regarding the establishment of fees for conducting inspections to determine a licensee's compliance with the Ohio manufactured home installation standards.

(G) Fee authority for inspections, commission inspection seals, temporary inspections seal and temporary occupancy permits.

(1) Authorities having jurisdiction may charge inspection and re-inspection fees for the inspection of the installation of manufactured homes. The commission may charge fees for inspections and re-inspections it provides, or contracts to provide, in areas where no political subdivision provides inspections or where additional inspections are necessary to assure adequate inspections or to perform complaint based inspection.

(2) The commission shall set the fee for the commission inspection seals and temporary occupancy permits.

(H) Notice of violations for installations of manufactured homes.

(1) When a certified manufactured home inspector determines that a home is in violation of the Ohio manufactured home installation standards as set forth in Chapter 4781-6 of the Administrative Code, the inspector shall provide a notice of violation. The inspector shall provide in writing, on or attached to the notice of violation, a citation to the standard section which has been violated and leave the notice of violation with the inspection documents on site.

(2) A notice of violation shall only be removed after the installer has provided the authority having jurisdiction with notice after the violations have been corrected and the authority having jurisdiction has verified that the corrections have been made.

(I) Fees for commission inspection seals and temporary occupancy permits.

(1) The fee for an inspection seal shall be one hundred dollars. The fee for replacement of the inspection seal shall be the current fee for an inspection seal.

(2) The fee for a temporary occupancy permit shall be seventy-five dollars.

(J) Inspection of utilities.

(1) Connection of service utilities. No person shall make final connections from any utility source to any manufactured home that is regulated by this code until issuance of an installation permit by the authority having jurisdiction. The electrical approval sticker affixed by the inspector having jurisdiction constitutes approval to energize the home. Nothing in this rule prevents the installer from having access to utilities as needed during installation.

(2) Temporary connection. The authority having jurisdiction shall have authority to authorize and approve the temporary connection of the home or system to the utility source.

(3) Authority to disconnect utilities. The inspector shall have the authority to authorize the immediate disconnection of utilities to the manufactured home by Chapter 4781. of the Revised Code or the rules promulgated thereunder and the referenced codes and standards set forth in case of emergency where necessary to eliminate an immediate hazard to life or property or when such connection has been made without approval. The inspector shall notify the utility company and request the utility company to follow its normal disconnection procedures and whenever possible notify the owner and occupant of the manufactured home of the decision to disconnect. The owner or occupant of the manufactured home shall be notified in writing as soon as possible thereafter.

(K) Violations.

(1) No person shall install, occupy, or permit occupancy of, any manufactured home in violation of any provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder.

(2) The authority having jurisdiction shall be authorized to serve notice of violation or order on any person responsible for the installation or occupying the manufactured home or in violation of the approved plans or in violation of a permit, commission inspection seal set and temporary occupancy permits issued under Chapter 4781. of the Revised Code or the rules promulgated thereunder. Such order shall direct the discontinuance of the violation, action or condition and the abatement of the violation.

(3) If the violation(s) are not corrected within the time prescribed by such notice, the inspector shall be authorized to request the legal counsel for the authority having jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination for the unlawful occupancy of the manufactured home.

(4) Any person who violates Chapter 4781. of the Revised Code or the rules promulgated thereunder or fails to comply with any of the requirements or who installs a manufactured home in violation of the approved plans or the manufacturer's installation manual or directive of the inspector or of a permit or inspection seal shall be subject to penalties as prescribed by Chapter 4781. of the Revised Code and the rules promulgated thereunder.

(L) Stop work order.

(1) Upon notice from the inspector that the installation on a manufactured home is proceeding in violation of Chapter 4781. of the Revised Code or the rules promulgated thereunder or in an unsafe and dangerous manner, the installation shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved or to the owner's agent or to the person doing the work; and shall state the conditions under which the installation will be permitted to resume.

(2) Unlawful continuance. Any person that continues the installation on a manufactured home after being served with a stop work order, except such installation components that person is directed to perform to abate a violation or unsafe condition, shall be subject to penalties as prescribed in Chapter 4781. of the Revised Code or the rules promulgated thereunder.

Effective: 12/01/2012
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.07
Rule Amplifies: 4781.04 , 4781.07 , 4781.14
Prior Effective Dates: 7/1/2007, 1/1/2010, 6/2/11

4781-7-02 Certified manufactured home inspectors and/or plans reviewers.

(A) All manufactured home inspectors and/or plans reviewers shall be certified by the commission. Certification shall be valid for three years.

(B) An applicant for inspector and/or plans reviewer shall meet the following:

(1) Experience. The applicant shall meet at least one of the following:

(a) Three years experience in a responsible, directly related construction position such as foreman, which required the ability to effectively read and interpret building plans and specifications; or

(b) Three years experience in an architect or engineer office performing building design or drafting duties or construction supervision; or

(c) An associate's degree (two years) from a college or university in architecture, engineering or building technology; or

(d) Three years as a quality assurance inspector or field service technician in a manufactured homes manufacturing plant; or

(e) Three years as an Ohio licensed manufactured home installer; or

(f) State or national certification (international code council or board of building standards) as a building inspector, residential inspector, or plans reviewer; or

(g) Any combination of experience and education in the manufactured homes construction industry or building construction industry totaling three years as approved by the commission; or

(h) Other equivalent experience as approved by the commission.

(2) Submit a complete application on a form approved by the commission and a nonrefundable fee as set forth in paragraph (H) of this rule.

(3) Successfully complete an approved inspector training course for the certification of manufactured homes inspectors;

(4) Pass the written examination set forth in rule 4781-8-07 of the Administrative Code.

(C) Incomplete applications shall be held open for six months following notification of incomplete requirements by regular mail, facsimile or email. After five months a final notice of incomplete application shall be mailed by certified mail, return receipt requested. If at the end of the six month period the application remains incomplete, it shall be considered abandoned and the applicant shall be required to submit a new application, including any fees.

(D) The commission may approve an installation training course as suitable for an inspection training course. In addition, the commission may establish and require such training programs in the concept, techniques and inspection of manufactured homes for the personnel of commission certified political subdivisions as the commission deems necessary.

(E) Each certified inspector and/or plans reviewer shall apply for renewal and pay a nonrefundable renewal fee in an amount set forth in paragraph (H) of this rule prior to the expiration date of the certification. If a certified inspector and/or plan reviewer fails to renew his or her certification on or before his or her renewal date, he or she shall pay the renewal fee plus an additional late fee as set forth in paragraph (H) of this rule. The certification shall not be renewed until the certified inspector or plans reviewer has paid the renewal and late fee, if any. If an inspector and/or plans reviewer fails to renew his or her certification prior to the expiration of their certification, the certification shall be placed on lapsed status. An inspector and/or plans reviewer can activate their certification within the first three years of the lapsed status by paying the renewal fee, late fee, complying with the continuing education requirements and all other requirements as set forth in this chapter.

(F) All certified inspectors and/or plans reviewers shall be required to complete a minimum of twelve hours of continuing education training for each certification period. The inspector and/or plans reviewer shall provide the commission with verification of completion of the required continuing education on the appropriate continuing education form.

(G) Certified inspectors and/or plans reviewer.

(1) The commission may set qualifications and contract certified inspectors and/or plans reviewers as the commission deems necessary to carry out additional inspections in all areas of the state.

(2) A copy of all deficiency reports from a certified inspector and/or plans reviewer must be provided to the authority having jurisdiction and the commission. The deficiency report shall include the name and license number of the installer, a list of the deficiency or non-compliant items and the list of corrections and the time period for the installer to correct the listed deficiencies or non-compliant items.

(H) Fees.

(1) The non-refundable certification fee for inspectors and/or plans reviewers shall be fifty dollars for each three year certification period.

(2) The non-refundable certification renewal fee for inspectors and/or plans reviewers shall be fifty dollars.

(3) The non-refundable late fee for certification renewal shall be twenty-five dollars in addition to the renewal fee.

(4) Fees shall be made payable, by check or money order, to "Treasurer, State of Ohio," or by credit card. Any online payment of fees may be subject to a convenience fee as charged to the commission.

(I) The commission may deny, suspend, decertify or refuse to renew the certification of any manufactured home inspector and/or plans reviewer or any inspection agency for any of the following reasons:

(1) Failure to meet the requirements for a certification or renewal of a certification under Chapter 4781. of the Revised Code;

(2) Failure to meet the continuing education requirements for renewal for a certification under Chapter 4781. of the Revised Code;

(3) Violation of Chapter 4781. of the Revised Code;

(4) Making a false or material misstatement in an application for certification;

(5) Inspecting manufactured homes in Ohio without a certification or without being employed as an inspector by a certified building department, health department, or third party agency;

(6) The inspector's failure to appear for a hearing before the commission or failure to comply with any final adjudication order of the commission issued pursuant to this chapter;

(7) Conviction of a felony or a crime involving moral turpitude;

(8) Having had a certification decertified, suspended or denied by the commission during the preceding two years;

(9) Having a certification decertified, suspended or denied by another state or jurisdiction within the preceding two years;

(10) Engaging in conduct in another state or jurisdiction that would violate Chapter 4781. of the Revised Code if committed in this state;

(11) Failing to provide electronic permit/inspection updates on the commission website seal report in a timely manner to be determined by the commission;

(12) Acting in a manner that violates the code of ethics for manufactured home inspectors;

(13) Violations of OMHC rules and/or policies.

(J) In addition to or in lieu of suspending, decertifying or refusing to renew a manufactured home inspector's certification for violation of Chapter 4781. of the Revised Code or any rule adopted pursuant thereto, the commission may impose a fine not exceeding one thousand dollars per violation per day.

(K) Any person whose certification or certification application has been revoked, decertified, denied or not renewed, may request an adjudication hearing within thirty days after receipt of the notice of the action. The hearing shall be held in accordance with Chapter 119. of the Revised Code.

(L) Reapplication after revocation, denial, or suspension.

(1) Any person whose certification has been decertified or denied may apply for a new certification two years after the date on which the certification was decertified or denied.

(2) Any person whose certification has been suspended for a period determined by the commission may apply for renewal of the certification within thirty days of the end of the suspension period.

(M) Upon suspension, revocation, or non-renewal, the person shall return the certification and identification card to the commission within three days after receipt of the notice of suspension, revocation or non-renewal.

Effective: 12/01/2012
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.07
Rule Amplifies: 4781.04 , 4781.07 , 4781.14
Prior Effective Dates: 7/1/2007, 1/1/2010, 6/2/11

4781-7-03 Inspection requirements.

(A) Inspection requests.

(1) Three inspections, known as a "footing inspection", an "electrical inspection" and a "final inspection" shall be performed on every manufactured home installed in the state of Ohio where new footings are being constructed in ground. Where existing footings comply with Chapter 4781. of the Revised Code and the rules promulgated thereunder, only the electrical and final inspections shall be required as long as no alterations, repairs, or additions to the existing footings are required to comply with Chapter 4781. of the Revised Code or the rules promulgated thereunder. Additional inspections may be required depending on the type of installation and all inspections shall comply with the requirements of this rule.

(2) A copy of the approved plans or the manufacturer's installation manual shall be at the installation site for the inspector's use. If the approved plans or the manufacturer's installation manual is not at the installation site when the inspector is present for the inspection, no inspection shall be performed by the inspector until the approved plans or manufacturer's installation manual is at the installation site.

(B) Inspection requests.

The permit holder shall request inspections when the manufactured home is ready from the authority having jurisdiction. The inspections shall be performed within seventy-two hours of the request , excluding weekends and holidays. If the authority having jurisdiction is unable to perform the inspection, they shall hire a certified inspector, as defined in paragraph (G) of rule 4781-7-02 of the Administrative Code. If the inspection is not performed within seventy-two business hours, the installer may continue with the installation; however, if the installer continues with the installation and the installation is in violation of Chapter 4781. of the Revised Code and the rules promulgated thereunder, the installer shall be responsible to correct all violations within the time prescribed by the inspector and at the installer's expense. The commission must be notified of any inspection that is not performed due to a non-responsive inspector within seventy-two hours proper notice. The authority having jurisdiction shall make written record of the inspection request including the date and time.

(C) Footing inspections.

(1) New constructed or new poured concrete footings. Inspection of the footing shall be made after the footings excavations have been excavated to solid ground and any required reinforcing steel has been placed and prior to the placing of concrete. The footing inspection shall include excavations for lengthways runners, crossways ribbons, pier pads, perimeter wall footers, slabs, and thickened slabs intended for the support of bearing walls, partitions, columns, piers, structural supports or equipment as applicable to the specific design.

(a) The authority having jurisdiction may provide permit, plan review and inspection for footing or base support system not including installation of a manufactured home, provided the installer make application as prescribed by the commission, and approved for location, and installed in accordance with paragraphs (L) to (P) of rule 4781-6-02.3 of the Administrative Code.

(b) Permit and plan review in paragraph (A) of this rule shall be the same as required in rules 4781-7-09 and 4781-12-05 of the Administrative Code.

(2) Existing footings. Where footings are preexisting and the inspector cannot reasonably inspect the excavation area to confirm that the footings have been constructed on solid ground, no inspection of the preexisting footings shall be required if the preexisting footings are in good and non-deteriorating condition and support the manufactured home. If the inspector determines that the preexisting footings are failing or deteriorating, the footings shall be replaced and the excavation shall be inspected prior to the placing of the new footings. Any and all preexisting footings that were in good and non-deteriorating condition, but upon final inspection shows it does not support the load of the manufactured home, the installer shall replace the footings in accordance with the commission's rules.

(D) Electrical inspections.

(1) Electrical service inspections shall be performed by a state certified electrical safety inspector (ESI) of record certified by the board of building standards who holds the license under Chapter 3783. of the Revised Code. If the electrical service does not meet the national electrical code (NEC), the ESI shall leave a copy of the electrical service inspection checklist, listing the items to be corrected and the items shall be corrected prior to the expiration of the permit. If the electrical service complies with the requirements of the NEC, the ESI who holds the license under Chapter 3783. of the Revised Code shall place an approval sticker on the meter base, leave a copy of the completed electrical service inspection checklist on site, and shall notify the local electrical power company that the manufactured home has passed the electrical service inspection. The licensed installer or the homeowner shall submit a copy of the completed electrical service inspection checklist or any other documentation required by the local electrical power company. The electrical service inspection shall include, but not limited to, electrical system connections from the service point as defined in NEC 2008. Work performed on-site during an installation shall be made prior to covering or concealment, and before fixtures or appliances are set or installed.

(2) Nothing in this rule shall authorize the authority having jurisdiction to inspect components of a manufactured home that were inspected at the factory other than components that may affect the health or safety of the occupant of the manufactured home.

(E) Final inspections.

(1) A final inspection shall be made after the permitted work is complete and prior to occupancy.

(2) The permit holder shall request a final inspection within ten working days of the completion of the manufactured home installation. If the permit holder fails to request a final inspection, the authority having jurisdiction may require the permit holder to pay an investigation and re-inspection fee.

(3) If the person who is responsible for obtaining the permit, fails to obtain the permit prior to commencement of the installation of the manufactured home, the authority having jurisdiction or the commission may charge one and one-half times the current permit fees.

(4) An inspector shall use a commission approved inspection checklist as a minimum when performing final inspection.

(5) Upon approval of the final inspection, the inspector shall place the final inspection seal in the home on the inside face of the electrical panel.

(6) No inspector shall allow the home to be occupied unless the final inspection seal has been placed or the inspector has approved the home for a temporary occupancy.

(F) The inspector may accept inspection reports of approved agencies, provided such agencies satisfy the requirements of the authority having jurisdiction as to qualifications and reliability.

(G) It shall be the duty of the permit holder or the installer to notify the inspector that work is ready for inspection. It shall be the duty of the person requesting any inspections required by Chapter 4781. of the Revised Code or the rules promulgated thereunder to provide access to and means for inspection of such work.

(H) The authority having jurisdiction shall provide an inspection card indicating the inspections required. The inspector shall sign the inspection card by initialing each stage of inspection as it is performed. The inspection card shall be kept with the approved plans and/or the manufacturer's installation manual on the installation site. The inspection card shall be on a form approved by the commission. A lost, damaged or illegible inspection card shall be replace in accordance with the rules or policies of the authority having jurisdiction.

Effective: 12/01/2012
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.07
Rule Amplifies: 4781.04 , 4781.07
Prior Effective Dates: 1/1/2007, 1/1/2010, 6/2/11

4781-7-04 Building departments and health departments; requirements for certification to perform inspections of manufactured homes.

(A) Before exercising authority to enforce Chapter 4781. of the Revised Code or the rules promulgated thereunder, and before accepting and approving plans pursuant to Chapter 4781. of the Revised Code or the rules promulgated thereunder, municipalities, townships and county building departments and health departments and their required personnel shall be certified by the commission.

(B) A building department certified by the board of building standards shall submit an application for certification or renewal on a form approved by the commission that includes:

(1) A copy of the board of building standards certificate of approval including the statement of conditions and limitations if any under which it has been issued;

(2) The names, addresses and qualification of persons, firms or corporations contracting to furnish work or services if such persons, firms or corporations are under contract to furnish inspection services and if authority is exercised pursuant to the contract. A minimum of one inspector certified by the commission, a back-up inspector certified by the commission, and an electrical safety inspector (ESI) as employees or under contract are required;

(3) The names of other municipal corporations, townships, counties, health districts or other political subdivisions contracting work or services if such other political subdivision is under contract to furnish services related to manufactured home installation inspection;

(4) A signature of an authorized representative or an appropriate official for the political subdivision;

(5) Proof of the approval of the governmental entity through the adoption of ordinance or resolution granting authority for the work contracted with the commission;

(6) Map of the jurisdictional area ; and

(7) Inspection and plans review procedures.

(C) Each department shall be required to provide to the commission daily website updates to the commission seal report regarding permit issuance activities pursuant to these rules, within twenty-four hours after the issuance of an installation permit.

(D) The commission shall be provided with notification of changes in personnel of the department who enforce the rules of the commission within thirty calendar days after such personnel changes have been made.

(E) The commission may revoke a building department's certification following an investigation which establishes that the building department or its employees violated Chapter 4781. of the Revised Code or rules promulgated thereunder. The commission may initiate an investigation on its own motion or upon receipt of a complaint. If the commission proposes to revoke an inspector or a building department's certification, the commission shall conduct a hearing pursuant to Chapter 119. of the Revised Code. If the commission finds that the building department inspector or the building department has violated the rules, the commission may decertify, suspend or issue a fine or a combination thereof. Any fine imposed cannot exceed one thousand dollars per violation per day. A building department employee inspector or the building department shall return the certification and identification card to the commission within three business days after receipt of the commission's order.

(F) A building department's certification shall be valid for three years. Each building department shall apply for renewal of its certification prior to the expiration date of its certification date and pay a non-refundable renewal fee in an amount set forth in paragraph (G) of this rule. If the building department fails to renew its certification on or before the expiration of its certification, it shall pay the renewal fee plus an additional late fee as set forth in paragraph (G) of this rule. The certification shall not be renewed until the building department has paid the renewal and the late fee, if any. If the building department fails to renew its certification prior to the expiration of the certification, the certification shall be placed on lapsed status. A building department can activate their certification within the first three years of the lapsed status by paying the renewal fee and late fee, if any, and complying with all other requirements.

(G) Fees. There is no fee for a board of building standards certified building department requesting commission certification or renewal.

(H) A building department not certified by the board of building standards or health department may be certified by the commission in accordance with this rule provided the following is submitted:

(1) Information required in paragraphs (B) to (F) of this rule;

(2) The following additional information:

(a) A copy of the ordinance/resolution creating the department including the date established;

(b) An organizational chart of the department;

(c) List of employees or independent contractors who will be performing the inspections or plans review. A minimum of one inspector certified by the commission, a back-up inspector certified by the commission, and an electrical safety inspector (ESI) as employees or under contract are required;

(d) Copy(ies) of all contractual agreements, if any, regarding any persons or employee that will be providing inspections, plans review, electrical inspections, sewer connection inspections, and plumbing inspections;

(e) Operating budget for the current fiscal year;

(f) Population data from the last census.

(3) Fees: There is no fee for a building department not certified by the board of building standards or health department requesting commission certification or renewal.

(I) If a building department not certified by the board of building standards or health department fails to renew its certification on or before the expiration of its certification, it shall pay the renewal fee plus an additional late fee, if any, as set forth in paragraph (H)(3) of this rule. The certification shall not be renewed until the department has paid the renewal and the late fee, if any. If the department fails to renew its certification prior to the expiration of the certification, the certification shall be placed on lapsed status. A department can activate their certification within three years of the lapsed status by paying the renewal fee and late fee, if any, and complying with all other requirements.

(J) After an investigation, if a finding of facts establishes that a building department or health department certified under paragraph (H) of this rule or any of their employees has not complied with Chapter 4781. of the Revised Code or the rules promulgated thereunder, the commission may decertify the department. The commission may initiate and investigation on its own motion or upon receipt of a complaint. If the commission proposes to decertify an inspector employed by or retained by a building department or health department, the commission shall conduct a hearing pursuant to Chapter 119. of the Revised Code. If the commission finds that the department employee or inspector or the department has violated this chapter, the commission may decertify, suspend or issue a fine or a combination thereof. Any fine imposed cannot exceed one thousand dollars per violation per day. A department's inspector or the department shall return the certification and identification card to the commission within three business days after receipt of the commission's order.

(K) As it relates to installation inspections, there will be no exclusivity under this commission's authority. A certified building department or certified health department may contract with a jurisdiction outside its respective political subdivision to perform non-exclusive manufactured home installation inspections in that political subdivision, but if so, must notify the Ohio manufactured homes commission of the non-exclusive agreement and must provide a copy of the executed contract to the commission prior to permitting/inspecting outside of their jurisdiction.

Effective: 12/01/2012
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.07
Rule Amplifies: 4781.04 , 4781.07
Prior Effective Dates: 1/1/2007, 1/1/2010, 6/2/11

4781-7-05 Certified third party plans review agencies and certified third party inspection agencies.

(A) The commission may contract with certified third party plans review agencies for plans review services and/or certified third party inspection agencies to perform inspections. The commission may also hire staff to perform these functions.

(B) The certified third party plans review and/or inspection agencies must provide the following information to the commission:

(1) The name, address, and telephone number of the third party plans review and/or inspection agency; names and addresses of all owners, shareholders, partners, limited liability companies and/or directors with a five percent share or larger of the business. If any of the owners, shareholders, partners, limited liability companies and/or directors is corporately owned, the names and addresses must include the real persons' names through each layer of ownership.

(2) Provide notification of any felony conviction(s) to the commission for all owners, partners, directors and shareholders with a five per cent share or larger, as required by the commission on a form provided by the commission. Owners, partners, directors or shareholders having a felony conviction may be denied as third party plans review and/or inspection agency by the commission.

(3) Provide notification of any owners, shareholders, partners, limited liability companies and/or directors who also have a five percent share or larger in any manufactured home installation company, manufactured home retail lot, manufactured home development, manufactured home park, manufactured home manufacturer, or manufactured home equipment supplier. If any of the owners, shareholders, partners, limited liability companies and/or directors is corporately owned the names and addresses must include the real persons' names through each layer of ownership. The commission may limit the jurisdictional area where the third party plans review agency and/or third party inspection agencies may perform plan review or inspections of manufactured homes or deny certification as a third party plans review and/or inspection agency based upon a conflict of interest.

(C) Third party plans review and/or inspection agencies shall apply to the commission for certification on a form approved by the commission. Principals of a third party plans review and/or inspection agency are required to have at least two years experience in inspecting manufactured homes or have inspected at least fifteen manufactured homes which must be verified by a previous employer who is certified as an inspection agency with the commission or other experience as approved by the commission.

(D) Each third party inspection and/or plans review agency shall be required to provide computer website input for operational reporting regarding activities pursuant to this chapter within twenty-four hours of issuing a permit for public viewing on the OMHC website at www.omhc.ohio.gov.

(E) Any third party agency who enforces rules shall notify the commission of changes in personnel within thirty calendar days after such personnel changes have been made. A minimum of one inspector certified by the commission, a back-up inspector certified by the commission, and an electrical safety inspector (ESI) as employees or under contract are required.

(F) Third party inspectors and plans reviewers.

(1) Inspectors for certified third party inspection and/or plans review agencies shall meet and be subject to all the requirements for inspectors in rule 4781-7-02 of the Administrative Code.

(2) Third party inspectors and/or plans reviewers shall be held to the ethics standards for inspectors in accordance with rule 4781-7-06 of the Administrative Code. Third party agencies that are not subject to the standards of the state ethics laws, including Chapter 102. of the Revised Code, shall be held to rule 4781-7-06 of the Administrative Code.

(G) Certification for all third party inspection and/or plans review agencies is effective for three years. If a third party agency fails to renew its certification on or before the expiration of its certification, the certification shall be placed on lapsed status. A third party agency can activate their certification within the first three years of the lapsed status by paying the renewal fee and late fee, if any, and complying with all other requirements.

(H) A third party inspection and/or plans review agency must maintain insurance and/or bonding requirements as prescribed by the commission during the duration of the certification period. Failure to do so will cause the certification to be placed on inactive status.

(I) No certified third party inspection agency may contract with any political subdivision within the state to be the sole provider of manufactured home installation inspections in any political subdivision of the state.

(J) After an investigation, if a finding of fact establishes that a third party plan review agency and/or third party inspection agency or any of their employees has not complied with Chapter 4781. of the Revised Code or the rules promulgated thereunder, the commission may decertify the third party agency. The commission may initiate an investigation on its own motion or upon receipt of a complaint. If the commission proposes to decertify a third party inspection and/or plans review agency or an inspector employed by or retained by a third party inspection agency and/or plans review agency, the commission shall conduct a hearing pursuant to Chapter 119. of the Revised Code. If the commission finds that the third-party employee inspector or the third-party inspection agency and/or plans review agency has violated the rules, the commission may decertify, suspend or issue a fine or a combination thereof. Any fine imposed cannot exceed one thousand dollars per day per violation. A third-party employee inspector or the third-party inspection agency and/or plans review agency shall return the certification and identification card to the commission within three business days after receipt of the commission's order.

(K) Fees.

(1) The non-refundable fee for application or renewal for certification of a third party inspection agency and/or a third party plans review agency shall be three hundred dollars for each.

(2) The non-refundable late fee for certification renewal shall be one hundred fifty dollars in addition to the renewal fee.

(3) The non-refundable fee for the final inspection seal charged to a third party plans review and/or inspection agency shall be one hundred dollars and shall be paid for prior to issuing a permit.

(4) Fees shall be made payable by check or money order to "Treasurer, State of Ohio," or by credit card. Any online credit card payments may be subject to a convenience fee as charged to the commission.

Effective: 12/01/2012
R.C. 119.032 review dates: 09/14/2012 and 12/01/2017
Promulgated Under: 119.03
Statutory Authority: 4781.04
Rule Amplifies: 4781.121
Prior Effective Dates: 1/1/2007, 1/1/2010, 6/2/2011

4781-7-06 Code of ethics for certified inspectors and/or certified plans reviewers.

(A) General.

(1) To safeguard the health, safety and welfare of the public and the state of Ohio, to maintain integrity and high standards of skills and practice in the manufactured home inspector, and the plans reviewer shall follow the rules of professional conduct under Chapter 4781. of the Revised Code and the rules promulgated thereunder which shall be binding upon every person holding a certification as a manufactured home inspector and/or plans reviewer in Ohio. In addition, certified manufactured homes inspectors and/or plans reviewers are required to meet the ethics of the state of Ohio ethics standards under Chapter 102. of the Revised Code.

(2) The manufactured home inspector and/or plan reviewer certified by the commission are presumed to have knowledge of Chapter 4781. of the Revised Code and the rules promulgated thereunder regarding the installation of manufactured homes and the standards of conduct under this rule for certified manufactured home inspectors and/or plans reviewer and the certified manufactured home inspector and/or plans reviewer shall be forthright and candid in statements or written responses to the commission or its representatives on matters pertaining to professional conduct.

(B) Code of ethics for certified manufactured home inspectors and/or plans reviewers.

(1) The manufactured home inspector and/or plans reviewer shall protect the health, safety, and welfare of the public and his or hers colleagues in the performance of his or hers professional duties. If a situation arises which threatens the health, safety, or welfare of the public or the certified manufactured homes inspector and/or plans reviewer's colleagues, the certified manufactured homes inspector and/or plans reviewer shall:

(a) Advise the licensed installer immediately and provide the installer opportunity for timely correction of the violation(s);

(b) Notify the proper authority; and

(c) Notify the commission within one business day.

(2) The certified manufactured homes inspector and/or plans reviewer shall undertake only those assignments which the certified manufactured homes inspector and/or plans reviewer is qualified by training, education, and experience to perform. If the competence of a certified manufactured homes inspector and/or plans reviewer comes into question, the certified manufactured homes inspector and/or plans reviewer shall cooperate in any investigation by the commission.

(3) The certified manufactured homes inspector and/or plans reviewer shall be completely objective in any professional report, statement or testimony.

(4) The certified manufactured homes inspector and/or plans reviewer shall at all times act with complete integrity for each client and shall be honest in all dealings with customers, the commission, his or her colleagues, and the public.

(5) The certified manufactured home inspector and/or plans reviewer shall respond promptly to all complaints.

(6) The certified manufactured home inspector and/or plan reviewer shall keep current knowledge of the products, methods, techniques and technology associated with the installation of manufactured homes and with related inspection practices.

(7) The certified manufactured home inspector and/or plans reviewer shall not authorize or approve any installation by any non-homeowner other than a manufactured home installer licensed by the commission.

(8) The certified manufactured home inspector and/or plans reviewer who has knowledge or reason to believe that another person is violating any of the provisions of Chapter 4781. of the Revised Code or any provision of the rules promulgated thereunder, shall immediately notify the commission in writing.

(9) The certified manufactured home inspector and/or plans reviewer shall not directly or indirectly receive or solicit or request, anything of value except normal, legal and customary compensation for professional employment and services.

(10) The certified manufactured home inspector and/or plans reviewer shall not falsify or misrepresent his or her professional qualifications, and shall not misrepresent or exaggerate his or her responsibilities, skills or competency.

(11) The certified manufactured home inspector and/or plans reviewer shall conduct every inspection in a professional manner with respect for the property being inspected. The certified manufactured homes inspector and/or plans reviewer shall not require a certified manufactured homes inspector and/or plans reviewer to perform any destructive testing.

(12) The certified manufactured homes inspector and/or plans reviewer shall not pass judgment on the value of a manufactured home, property or recommend the purchase of a manufactured home or property.

(13) Misrepresent his or her qualifications to the commission in an application for certification under Chapter 4781. of the Revised Code or the rules promulgated thereunder.

(14) Certified manufactured homes inspector and/or plans reviewer shall avoid conflicts of interest or activities which compromise or appear to compromise professional independence, objectivity or inspection and/or plans review integrity.

(15) Certified manufactured homes inspector and/or plans reviewer shall not inspect properties in which they have or expect to have a financial interest.

(16) Certified manufactured homes inspector and/or plans reviewer shall not inspect properties under contingent arrangements whereby any compensation or future referrals are dependent on the certified manufactured homes inspector and/or plans reviewer approving the plans or issuing a final inspection seal or issuing a temporary inspection seal and temporary occupancy permit or on the sale of a property.

(17) Certified manufactured homes inspector and/or plans reviewer shall not accept compensation directly or indirectly for recommending contractors, services or products to inspection clients or other parties having an interest in the manufactured home business or the related services or parties.

(18) Certified manufactured homes inspector and/or plans reviewer shall not repair, replace, or upgrade a system or component of a manufactured home, or perform any other service not relating to an inspection of a manufactured home, for compensation or otherwise, for one year before or after the inspection and/or plans review for that property.

(C) Conviction of a felony, or the revocation or suspension of a certification or license in another jurisdiction for conduct that would violate Chapter 4781. of the Revised Code or the rules promulgated thereunder if it occurred in the state of Ohio may be grounds for the commission to charge the inspector with a violation of this rule. If the commission proposes to decertify an inspector and/or plans reviewer, the commission shall conduct a hearing pursuant to Chapter 119. of the Revised Code.

(D) Each certified manufactured homes inspector and/or plans reviewer shall keep a true and accurate record of all inspections and business transactions relevant to the enforcement of Chapter 4781. of the Revised Code and the rules promulgated thereunder in the certified manufactured homes inspector and/or plans reviewer business office. Such records shall be available during normal business hours for inspection and copying by the commission, its staff or its designee.

(E) The commission may conduct a hearing pursuant to Chapter 119. of the Revised Code when any Ohio certified manufactured homes inspector and/or plans reviewer violates the commission rules. If the commission finds that the inspector and/or plans reviewer has violated the rules, the commission may decertify, suspend, issue a fine, or a combination thereof. Any fine imposed cannot exceed one thousand dollars per day per violation. An Ohio certified manufactured homes inspector and/or plans reviewer shall return his or her certification and identification card to the commission within three business days after receipt of the commission's order decertifying the inspector and/or plans reviewer.

Effective: 12/01/2012
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.07
Rule Amplifies: 4781.04 , 4781.07
Prior Effective Dates: 1/1/2007, 1/1/2010, 6/2/2011

4781-7-07 Commission appeals.

(A) In order to hear and decide appeals of orders or decisions or determinations made by the inspector relative to the application and interpretation of Chapter 4781 of the Revised Code or the rules promulgated thereunder, the commission, or its designee shall hear appeals. The commission may appoint adesignee to hear appeals or may hear the appeals directly. If the commission appoints a designee to hear the appeals, the designee shall make a written recommendation to the commission who shall consider the written recommendation at its next regularly scheduled commission meeting. The commission shall render all final orders and findings in writing to the appellant with a duplicate copy to the inspector.

(B) An application for appeal shall be based upon the statute (Chapter 4781 of the Revised Code) and the rules promulgated thereunder have not been correctly interpreted, the provisions of the Revised Code do not fully apply, or an equally good or better form of installation is proposed.

(C) The designee shall be qualified by experience and training to rule on matters pertaining to building construction, and manufactured home installation and are not employees of the authority having jurisdiction or of the home manufacturer, retailer, or installer for a period of one year before or after the hearing.

(D) The inspector shall take immediate action in accordance with the final order

of the commission .

Effective: 01/01/2010
R.C. 119.032 review dates: 10/16/2009 and 10/01/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4781.04 , 4781.07
Rule Amplifies: R.C. 4781.04 , 4781.07
Prior Effective Dates: 1/1/2007

4781-7-08 Duties and powers of the inspector.

(A) General.

(1) The authority having jurisdiction shall enforce Chapter 4781. of the Revised Code and the rules promulgated thereunder. The authority having jurisdiction and the inspector shall:

(a) Render interpretations of Chapter 4781. of the Revised Code and the rules promulgated thereunder.

(b) Adopt policies and procedures in order to clarify the application of Chapter 4781. of the Revised Code and the rules promulgated thereunder.

(2) Such interpretations, policies, and procedures adopted by the authority having jurisdiction shall comply with the intent and purpose of Chapter 4781. of the Revised Code and the rules promulgated thereunder. Such policies and procedures shall not waive any of the requirements under Chapter 4781. of the Revised Code and the rules promulgated thereunder.

(3) Where there is a specific conflict, the commission interpretations of its statutes or rules , shall be binding on the authority having jurisdiction.

(B) Applications for permits and plans review.

(1) The authority having jurisdiction shall receive permit applications, review plans and issue permits for the installation of manufactured homes in compliance with the provisions of Chapter 4781. of the Revised Code and the rules promulgated thereunder.

(2) The authority having jurisdiction shall issue all permits, approvals of plan reviews, directives and/or all necessary notices or orders to ensure compliance with Chapter 4781. of the Revised Code and the rules promulgated thereunder.

(3) The authority having jurisdiction may charge additional fees for permits, inspections, and plans review as set forth in rule 4781-7-09 of the Administrative Code.

(C) Inspection authority.

(1) The authority having jurisdiction shall make all the required inspections and shall accept or reject any reports of inspection by approved agencies or by the person responsible for the installation of the manufactured home. Reports of inspections shall be in writing and be signed by the responsible officer of the approved agency or by the responsible person or approved agency.

(D) Identification. The inspector, upon request, shall present his or her commission approved credential when inspecting the installation of manufactured homes.

(E) Right of entry. Where it is necessary to make an inspection to enforce the provisions of Chapter 4781. of the Revised Code and the rules promulgated thereunder, or where the inspector has reasonable cause to believe that there exists in a manufactured home a condition in violation of Chapter 4781. of the Revised Code and/or the rules promulgated thereunder, that renders the manufactured home unsafe, dangerous or hazardous, the inspector shall be authorized to enter the manufactured home to inspect or perform his or her duties imposed by Chapter 4781. of the Revised Code or the rules promulgated thereunder, provided that credentials be presented and entry be requested of the installer, the owner or other person having charge or control of the manufactured home. If entry is refused the inspector shall have recourse to remedies provided by law to secure entry and shall not enter until proper approval is granted.

(F) The authority having jurisdiction shall keep official records of applications received, permits and seals issued, fees collected, reports of inspections and notices and orders issued. Such records shall be retained in the official records for the period required for the retention of public records. Upon termination of certification, all records must be delivered to the commission office as prescribed.

(G) Liability.

Liability of authority having jurisdictions' personnel for any tortious act will be determined by Ohio courts under Chapter 2744. of the Revised Code. The provisions of Chapter 2744. of the Revised Code are not applicable to third party plans review and/or inspection agency's personnel.

(H) Approved materials and equipment. Materials, equipment, and devices approved by the inspector shall be installed in accordance with such approval. Used materials equipment and devices shall not be reused unless approved by the inspector.

(I) Other designs, installations or equipment.

(1) Alternative materials design and methods of installation or equipment.

(a) These rules do not prohibit the installation of any material or prohibit any design or method of installation that has not been specifically prescribed by Chapter 4781. of the Revised Code and the rules promulgated thereunder, as long as any alternative method, design, or material has been approved by the commission.

(b) Alternative materials, designs or methods of installation shall be approved where the commission only if the commission determines that the proposed material, design or method complies with the intent and the purpose of the provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder, and that the material, design, or method is for the purpose intended and at least the equivalent of the standards prescribed in Chapter 4781. of the Revised Code and the rules promulgated thereunder.

(c) Compliance with specific performance-based provisions of the HUD MHCSS or the residential code of Ohio or of the international codes in lieu of specific requirements of these rules may be permitted as an alternative.

(2) Tests.

(a) Whenever there is insufficient evidence for compliance with the provisions of Chapter 4781. of the Revised Code and the rules promulgated thereunder or evidence that a material, design or method does not conform to the requirements of Chapter 4781. of the Revised Code and the rules promulgated thereunder, the inspector or the commission shall have authority to require tests of the proposed material, design or method for evidence of compliance at no expense to the jurisdiction.

(b) Test methods shall be as specified in Chapter 4781. of the Revised Code and the rules promulgated thereunder or by other recognized test standards.

(c) Tests shall be performed by an agency approved by the Ohio board of building standards, HUD or the commission. In the absence of recognized and accepted test methods, the inspector, or the commission shall approve the testing procedures.

(d) Reports of tests shall be retained by the authority having jurisdiction for the period required for retention of public records.

(3) Submission of a valid research report from an evaluation service that supports the efficacy of use of any material, appliance, equipment or method not specifically provided for in Chapter 4781. of the Revised Code and the rules promulgated thereunder, or that demonstrates compliance with Chapter 4781. of the Revised Code and the rules promulgated thereunder may be used as evidence of compliance with Chapter 4781. of the Revised Code and the rules promulgated thereunder. Evaluation services include but are not limited to BOCA-ES, ICBO-ES, SBCCI-ES, NES and ICC-ES.

Effective: 12/01/2012
R.C. 119.032 review dates: 10/16/2014
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.07
Rule Amplifies: 4781.07
Prior Effective Dates: 1/1/2007, 1/1/2010

4781-7-09 Permits and plans review for manufactured homes.

(A) The authority having jurisdiction shall issue written permits, perform plans reviews and conduct inspections for manufactured homes. A permit shall not be valid unless the permit is in writing and the non-refundable inspection fees and final commission inspection seal has been paid at the time of the application for a permit. The cost of the permit is equal to the cost of inspections and the OMHC seal. When you pay for inspections, you are paying for the permit and vice-versa. Payment of the inspections and permit are non-refundable. Once an OMHC final seal is paid for and not used or placed on a home for any reason, it must be returned to the commission, with the word "abandoned" on the face of the seal in permanent ink.

(B) Any owner or installer or authorized agent of the owner or installer, who intends to install a manufactured home or cause any work to be done on a manufactured home which is regulated by Chapter 4781. of the Revised Code or the rules promulgated thereunder, shall first make application for a permit and submit plans for approval to the authority having jurisdiction and obtain the required permit.

(C) To obtain a permit, the applicant shall file an application in writing on a form provided by the authority having jurisdiction for that purpose. The application shall:

(1) Identify and describe the work to be covered by the permit for which application is made;

(2) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed home site;

(3) Be accompanied by a foundation design, the plans to be approved, if any, and any other information as required by the authority having jurisdiction;

(4) Be signed by the applicant or the applicant's agent;

(5) Identify the installer or installers by name and license number;

(6) Any other information required by the authority having jurisdiction.

(D) Plans review. The authority having jurisdiction shall examine or cause to be examined applications for permits and amendments to permits within a reasonable time after filing. If the application or other documents do not conform to the requirements of the pertinent laws, the authority having jurisdiction shall reject the application in writing and state the reasons for the rejection. If the authority having jurisdiction is satisfied that the work conforms to the requirements of Chapter 4781. of the Revised Code and the rules promulgated thereunder and laws and ordinances applicable, the authority having jurisdiction shall issue a permit as soon as practicable.

(E) Time limitations. An application for a permit for any proposed work shall be deemed to have been abandoned after sixty days from the date of filing, unless the application has been pursued in good faith or a written permit has been issued; except the authority having jurisdiction may grant one extension of time in writing not to exceed sixty days. The extension shall be requested in writing and good cause demonstrated. The authority having jurisdiction shall not grant more than one extension.

(F) Validity. The issuance or granting of a written permit shall not be construed as an approval of any violation of any of the provisions of these rules or of any other ordinance of the jurisdiction having authority. Permits presuming to give authority to violate Chapter 4781. of the Revised Code, the rules promulgated thereunder, or any other ordinances of the authority having jurisdiction shall not be valid. The issuance of a written permit based on approved plans, alternative design, or the manufacturer's installation manual and/or any other documents approved by the authority having jurisdiction shall not prevent the certified manufactured homes inspector and/or plans reviewer from requiring the correction of errors in the approved plans, alternative design, or the manufacturer's installation manual and/or any other documents approved by the authority having jurisdiction. The inspector may prohibit occupancy of a manufactured home that is in violation of Chapter 4781. of the Revised Code, the rules promulgated thereunder, or any other ordinances of the authority having jurisdiction.

(G) Expiration. Every permit shall become invalid after one hundred eighty days from the date of issuance, or if the work authorized by a permit is suspended or abandoned for a period of more than sixty days after the date the work is commenced. The certified manufactured home inspector may grant an extension of time to commence or finish the work authorized by the permit. Any extension of time is at the sole discretion of the authority having jurisdiction and the request for the extension shall be made in accordance with the authority having jurisdiction for ordinances, laws, rules, policies, or procedures and shall not exceed one hundred eighty days.

(H) Suspension or revocation of a permit. In accordance with these rules, the certified manufactured homes inspector may suspend or revoke a permit issued under Chapter 4781. of the Revised Code, or the rules promulgated thereunder wherever the permit was issued in error or on the basis of incorrect, inaccurate or incomplete information or in violation of any ordinance or regulation or any of the provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder. All fees for inspections, permits and/or OMHC seals are non-refundable.

(I) Placement of permit. The manufactured home installation permit shall be conspicuously displayed on the front window of the manufactured home and the installation permit can be seen from a distance of twenty-five feet facing the frontage roadway, drive or right of way. The installation permit shall be kept on the installation site until the inspector has issued and placed the final commission inspection seal. Any plans, specifications, manufacturer installation manuals, manufacturer equipment specification sheets, cut-sheets, or any other documents pertinent to the installation of the manufactured home shall be kept on site for the inspector's review and use in the inspections to insure that the manufactured home installation complies with the commission's rules. The installer and the inspector shall agree on the placement of these documents to be kept on site in a secured and safe location. It is the responsibility of the installer to communicate with the inspector on the placement of these documents.

(J) Installation documents. The authority having jurisdiction may require the person applying for the permit to provide the original and a copy of the approved plans, approved alternative designs, or a copy of the manufacturer's installation manual or any other installation documents the authority having jurisdiction requests with each application for a permit. For the purpose of this rule, installation documents means, but is not limited to, floor plans and/or foundation design details. Designs contained in this standard, or prepared by the manufactured home manufacturer's DAPIA, or an Ohio registered engineer or architect shall be submitted where required. Where special conditions exist, the inspector may require additional documents to be prepared by an Ohio registered engineer or architect.

(K) Manufacturer's installation instructions for the manufactured home, tie downs, anchors, plumbing, mechanical, gas, electrical system details, and for any devices or proprietary systems used during the installation or for other equipment or devices installed shall be kept on the site.

(L) Areas prone to flooding. For manufactured home parks, the requirements under rule 4781-12- 07.2 of the Administrative Code shall apply. For manufactured homes in flood hazard areas not located in manufactured home parks, the installer shall provide the following information:

(1) Delineation of flood hazard areas, floodway boundaries, and flood zones, and the design flood elevations as appropriate;

(2) The elevation of the proposed lowest floor including basement; in areas of shallow flooding (AO zones) the height of the proposed lowest floor including basement above the highest adjacent grade; and grade;

(3) The elevation of the bottom of the lowest horizontal structural member in coastal high hazard areas (v zone);

(4) If design flood elevations are not included on the community's flood insurance rate map, the inspector and the applicant for the permit shall obtain design flood elevation and floodway data available from other sources; and

(5) Additional requirement of the local flood authority, if any or program manager of the Ohio flood plain management program; ODNR-division of water (614-265-6754).

(M) Site plan. The documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of the manufactured home and existing structures on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot.

(N) The certified manufactured homes inspector and/or plans reviewer shall examine or cause to be examined documents for compliance with Chapter 4781. of the Revised Code and the rules promulgated thereunder, the applicable standards, local ordinances or building code. When the authority having jurisdiction issues a witten permit, the documents shall be approved in writing or by stamp. One set of documents so reviewed shall be retained by the authority having jurisdiction. The other set shall be returned to the applicant, and shall be kept at the installation site and shall be open to inspection by the inspector or his or her authorized representative.

(O) Amended construction documents. Amended construction documents must be approved prior to the work being completed. Any work performed prior to approval by the authority having jurisdiction is at the risk of the owner/installer and may not get an approval.

(P) Retention of documents. One set of approved installation documents shall be retained by the authority having jurisdiction for a period of not less than one hundred eighty days from the date of completion of the permitted work or as required by state or local laws or as required by the retention schedule of the authority having jurisdiction.

(Q) Fees.

(1) A permit shall not be valid until all fees have been paid. Nor shall an amendment to a permit be released until the additional fee, if any has been paid. On manufactured homes, electrical, gas, mechanical and plumbing system installations a fee for each permit type shall be paid in accordance with the schedule of the commission and/or the authority having jurisdiction.

(2) If the installation of a manufactured home has commenced or been completed prior to the application of the permit or the issuance of a written permit by the authority having jurisdiction, the authority having jurisdiction may assess an additional fee not to exceed the actual cost to determine compliance and in no case shall exceed one and one-half times the permit fee and the inspection fees. A mandatory late permit charge of fifty dollars must be paid to the Ohio manufactured homes commission at the time of permit issuance. This shall be paid by a separate payment and the check must be made payable to "Treasurer - state of Ohio."

(3) The authority having jurisdiction may establish a refund policy.

Effective: 12/01/2012
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.07
Rule Amplifies: 4781.07
Prior Effective Dates: 7/1/2007, 1/1/2010, 6/2/2011

4781-7-10 Commission plans reviews and installation inspections.

(A) In political subdivisions, municipal corporations, townships, or counties where no building department or health department is certified by the commission pursuant to rule 4781-7-04 of the Administrative Code, and no third party agency is certified by the commission in accordance with rule 4781-7-05 of the Administrative Code, the commission staff may perform plans reviews or inspections. The commission staff may also perform plans reviews or inspections in areas where there is a commission certified building department, health department or third party agency, when the certified building department, health department or third party agency is unable to perform inspections in a timely manner. The commission staff may perform plans reviews and inspections in any area, for any reason as it deems necessary to maintain the requirements set forth in Chapter 4781-7-01 of the Administrative Code. The inspections and plans reviews set forth in this rule are for the purpose of ensuring that installations of manufactured homes conform with the standards pursuant to Chapter 4781-6 of the Administrative Code and are not investigation inspections under rule 4781-8-08 of the Administrative Code or as part of dispute resolution investigations under rule 4781-10-01 of the Administrative Code.

(B) Non-refundable fees charged by the commission for the inspection(s), and plans reviews and inspections shall be as follows:

(1) The fee for plans review shall be fifty dollars.

(2) The fee for a footing inspection shall be one hundred dollars.

(3) The fee for a final inspection shall be one hundred dollars.

(4) The fee for an electrical safety inspection shall be one hundred dollars.

(5) The fee for additional inspections to ensure compliance with Chapter 4781. of the Revised Code and/or the rules promulgated thereunder shall be onehundred dollars where the additional inspection is performed on a separate trip to the manufactured home from the inspections in paragraph (B)(2), (B)(3) or (B)(4) of this rule. Examples of such additional inspections include but are not limited to: re-inspections, existing footing inspections, site preparation inspections, plumbing inspections, mechanical inspections, electrical inspections, sewer connection inspections, and inspections as required by the inspector having jurisdiction, or as requested by the licensed installer or home owner, or designee.

(6) The fee for a commission performed inspection and replacement of the OMHC seal when the inspection is provided by the commission shall be current commission approved price of the seal plus the actual cost of the inspection plus twenty per cent overhead.

(7) The fee for a temporary occupancy permit when the inspection is provided by the commission shall be seventy-five dollars plus twenty per cent overhead.

(8) The fee for a final inspection seal shall be one hundred dollars and the fee for a temporary occupancy permit shall be seventy-five dollars. The fee for a replacement final inspection seal a temporary occupancy permit shall be the same as the original.

(9) If the commission delegates any part of the inspection to a third party, the fee for that plans review, inspection or part of an inspection shall be the cost to the commission for the delegated inspection plus twenty per cent overhead.

(10) All fees shall be paid by check or money order payable to "Treasurer, State of Ohio" or by credit card. Any online credit card payment may be subject to a convenience fee as charged to the commission.

Effective: 06/02/2011
R.C. 119.032 review dates: 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 4781.04 , 4781.07 , 4781.14
Rule Amplifies: 4781.04 , 4781.07 , 4781.14
Prior Effective Dates: 07/01/2007, 01/01/2010