(1) To safeguard the health and safety of the public and the state of Ohio, to maintain integrity and high standards of skills and practice in the manufactured home installer, the following rules of professional conduct, promulgated in accordance with Chapter 4781. of the Revised Code, shall be binding upon every person holding a license as a manufactured home installer in Ohio.
(2) The manufactured homes installer is charged with having knowledge and understanding of Chapter 4781. of the Revised Code and its rules for his or her conduct as an installer. Such knowledge shall encompass the understanding that the installation of manufactured homes, is a privilege, as opposed to a right, and the licensee shall be forthright and candid in statements or written responses to the commission or its designee on matters pertaining to professional conduct.
(B) Code of ethics for manufactured homes installers.
(1) The manufactured home installer shall protect the health and safety of the public and colleagues in the performance of professional duties. If a situation arises which threatens the health and safety of the public or the installer's colleagues, the installer shall:
(a) If an inspector advises an installer of a situation or deficiency, the installer shall correct the situation or deficiency immediately and notify the person or entity which gives rise to the situation that correction is required;
(b) Refuse to proceed with the installation involved;
(c) Notify the proper authority, if in the installer's opinion, the situation is significantly important or dangerous; and
(d) Immediately notify the commission if the situation involves the professional conduct of another licensee and/or inspector.
(2) The manufactured home installer shall undertake only those assignments which the licensee is qualified by training, education, and experience to perform. An installer must submit an estimate of the cost of an installation prior to undertaking performance. The installer must provide a homeowner/installer agreement on a form prescribed by the commission prior to commencement of work. If the competence of an installer comes into question, the commission shall require that licensee to cooperate in any investigation by the commission.
(3) It shall be the duty of every installer who performs work on the installation of the manufactured home, including but not limited to, structure, foundation, tie downs, blocking, leveling, weather proofing, electrical, gas, plumbing, sewer connections, or mechanical systems, to guarantee that the work is in compliance with Chapter 4781. of the Revised Code and the rules promulgated thereunder.
(4) The manufactured home installer shall only express an opinion as a technical or expert witness before any court or quasi-judicial proceeding, if the installer's opinion is based on adequate information, a competent technical background on the subject matter, and upon an honest conviction as to the propriety of the opinion.
(5) The manufactured home installer shall at all times act with complete integrity for each client and shall be honest in all dealings with customers and the public.
(6) The manufactured home installer shall respond promptly to all complaints.
(7) The manufactured home installer shall maintain current knowledge of the products, methods, techniques and technology associated with the installation of manufactured homes and with related business practices.
(8) The manufactured home installer shall recognize and not fail in his or her responsibility to supervise unlicensed installers, or knowingly permit unlicensed installations to occur without the supervision of a licensed installer.
(9) The manufactured home installer who has knowledge or reason to believe that another person or firm is guilty of violating any of the provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder, shall immediately notify the commission in writing.
(10) The manufactured home installer shall not directly or indirectly pay, solicit or offer any bribe or payment for professional employment or to influence favorable inspection results.
(11) The manufactured home installer shall not falsify or permit misrepresentations of his or her professional qualifications, and shall not misrepresent or exaggerate the responsibility or the skills competency required for any employment or any installations.
(12) The manufactured home installer shall ensure that any advertisements, brochures, or other solicitations for employment do not misrepresent pertinent facts concerning employers, employees, associates, joint ventures or past accomplishments with the intent and purpose of enhancing qualifications and work experience.
(C) Conviction of a felony or the revocation or suspension of a license in another jurisdiction for conduct that would violate any of part of this rule if it occurred in the state of Ohio may be grounds for the commission to charge the licensee with a violation of this rule.
(D) A person shall return his or her license and identification card to the commission within three business days after receipt of notice of revocation, suspension or non-renewal.
Prior History: (Five Year Review (FYR) Dates:
Promulgated Under: 119.03
Statutory Authority: 4781.04
Rule Amplifies: 4781.04
Prior Effective Dates: 11/01/2006, 01/01/2010, 06/02/2011)