This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 4781-12-01 | Manufactured home park definitions.
Effective:
January 20, 2020
As used in rules 4781-12-01 to 4781-12-32 of the
Administrative Code: (A) "Develop" or
"development" means any artificial change to improved or unimproved
real estate, including, without limitation, buildings or structures, dredging,
filling, grading, paving, 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. (B) "Division" means the
division of industrial compliance of the Ohio department of
commerce. (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 (C)(1)(b) of this rule and that are akin to a river of
liquid and flowing mud on the surface of normally dry land areas, as when earth
is carried by a current of water and deposited along the path of the
current. (2) The collapse or
subsidence of land along the shore of a lake or other body of water as a result
of erosion or undermining that is caused by waves or currents of water
exceeding anticipated cyclical levels or that is suddenly caused by an
unusually high water level in a natural body of water, and that is accompanied
by a severe storm; by an unanticipated force of nature, such as a flash flood
or an abnormal tidal surge; or by some similarly unusual and unforeseeable
event, that results in flooding as defined in paragraph (C)(1)(a) of this
rule. (D) "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 that 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 sections 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
"base flood" means a flood having a one per cent 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, watercourse, 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) "Superintendent" means the superintendent of
the division of industrial compliance of the Ohio department of
commerce. (GG) "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. (HH) "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. (II) "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. (JJ) "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. (KK) "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.
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Rule 4781-12-02 | Application of rules; license for manufactured home parks.
Effective:
January 20, 2020
(A) All manufactured home parks shall
comply with the provisions of Chapter 4781-12 of the Administrative
Code. (B) Except as provided in division (B) of
rule 4781-12-4 of the Administrative Code, no person shall maintain or operate
a manufactured home park in this state without a license issued by the
division. 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.
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Rule 4781-12-03 | Manufactured home park license, contents of.
Effective:
January 20, 2020
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 division. 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.
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Rule 4781-12-04 | Application for manufactured home park license.
Effective:
January 20, 2020
(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 division. 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 scheduled to open for business. If the applicable license fee charged
under paragraph (C) of this rule is not received by the division 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 application for a license to the division. The operator shall
apply for a separate license to operate each manufactured home park. The
application form shall be prescribed by the division and shall contain
pertinent information relative to the licensing of the manufactured home park.
In the event that operation of a park is transferred, application by the new
park operator must be made to the division no less than thirty days after the
transfer has occurred. (C) The division 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 all inspections.
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Rule 4781-12-04.1 | Manufactured home park inspection.
Effective:
January 20, 2020
(A) The division or its 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 division or its contractually
designated representative shall have authority to enter manufactured home parks
at reasonable times to conduct inspections and investigate conditions relating
to the enforcement of rules 4781-12-01 to 4781-12-32 of the Administrative
Code. (C) Boards of health of city or general
health districts shall have the right of first refusal for those
contracts.
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Rule 4781-12-04.2 | Manufactured home park license fee categories.
Effective:
January 20, 2020
The license fees established by the division 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 annually per lot.
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Rule 4781-12-05 | Development plan approval required.
Effective:
January 20, 2020
(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 division. (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 division. (C) A person who wishes to amend approved
plans shall file with the division a written request for amendment. The request
shall state specifically the type and extent of the amendments and may include
supporting documents. The division may request additional information or
depending on the extent of the amendment, may require submittal of a new set of
plans that comply with rule 4781-12-06 of the Administrative Code. The division
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
division shall be valid for three years after the date on which the division
issues the approval. If the superintendent or the superintendent's
designee 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 superintendent or the superintendent's designee
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 division 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 4781-12-05.1 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 division no more than ten days
after the transfer occurs.
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Rule 4781-12-05.1 | Submission for review and approval of development plans.
Effective:
January 20, 2020
(A) Any person who proposes to develop a
manufactured home park shall do the following prior to submitting plans to the
division for approval: (1) Request that the
division 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 has not identified flood levels,
or where the federal emergency management agency maps do not indicate
one-hundred-year flood elevations or delineate floodways, the division 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, the person proposing development shall submit an
application to the division for any permits under rule 4781-12-07.1 of the
Administrative Code for development in a one-hundred-year flood plain
area. (B) The plans submitted to the division
for approval shall be prepared by a professional engineer registered to
practice in Ohio, shall be submitted electronically or in quadruplicate if in
hard copy, and shall be accompanied by or include the following: (1) A completed plan
review application on a form prescribed by the division 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 (KK) 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) An electronic copy,
or four hard copies, of the completed manufactured home park data sheet form
prescribed by the division 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; the contractor for the project;
and information about the location and dimensional design of the manufactured
home park relative to the lots, driveways, walkways, auto parking, lighting,
solid waste collection and storage, storm water drainage, and water and sewer
systems; (5) The total area of
land to be used for manufactured home park purposes; (6) Plot plan of total
park and development phases, of which each shall include 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 that has been prepared by a registered professional engineer that
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, number, and
sizes of manufactured home lots; (9) Design and design
plans for drainage of surface and storm waters; (10) Location of public
and private service buildings; (11) Design plans for any
electrical, natural gas, propane, and fuel oil distribution systems including
individual manufactured home service connections; (12) Area lighting
plan; (13) Method and plan for
blocking, base support, and anchorage of manufactured homes, freestanding
auxiliary buildings, room additions, or other accessory structures connected to
the manufactured home; (14) Method of storage
and collection of solid wastes; (15) Method and layout
for fire protection; (16) The design plans and
profiles of the sanitary sewerage system and the design plans for the water
system; (17) Written verification
that the plans for the sanitary sewerage system and the water system, if the
water is to be from a public water system, have been approved by the Ohio
environmental protection agency; (18) A copy of the
location evaluation completed by the division under paragraph (A)(1) of 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 or money
order payable to "Treasurer, State of Ohio" or a payment by credit
card for the review fee in an amount determined under paragraph (E) or
paragraph (F) of this rule. Any payment of fees may be subject to a convenience
fee as charged to the division. The division upon the request of the applicant
for plan approval, may waive submission of any of the items required by this
paragraph if the division determines that they are not necessary to review the
plans effectively. (C) If plans submitted to the division
are incomplete, the division 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 that comply with paragraph (B) of this
rule, the division shall approve or disapprove the plans. (D) The division 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; (3) The plans submitted
for review do not comply with the requirements of paragraph (B) of this rule;
or (4) The person submitting
incomplete plans fails to respond to the division's request for additional
information. Any person aggrieved by the division's
disapproval of plans may request a hearing on the matter. The request for a
hearing must be received by the division within thirty days from the date that
the notice of disapproval was mailed. (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 4781-12-05.2 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 division on or after December 1,
2012, is four hundred five dollars. This fee does not include the cost of any
inspections performed under rule 4781-12-05.2 of the Administrative
Code.
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Rule 4781-12-05.2 | Compliance with approved plans, verification inspections.
Effective:
January 20, 2020
(A) The owner or operator of a proposed
manufactured home park for which plans have been approved in accordance with
rule 4781-12-05 of the Administrative Code shall notify the division in writing
when development of the manufactured home park has been completed but before
the developed area has been placed in operation. (B) The division shall conduct final
inspections of 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 4781-12-05 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 division shall conduct
the inspection within five business days of the notification required by
paragraph (A) of this rule. The fee for any inspection conducted under this
paragraph shall be one hundred sixty-five dollars per inspection. (C) The division may conduct progress
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 division 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 division 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 division 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
division. The division shall provide two business days prior notification to a
licensee if the division determines that more than three inspections of
development conducted pursuant to paragraph (C) of this rule are
required.
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Rule 4781-12-06 | Site.
Effective:
January 20, 2020
(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 to prevent the accumulation of storm or other
waters. (B) If the division 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 division 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 that 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 that 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 they are located within the manufactured
home park.
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Rule 4781-12-07 | Flood plain management - notification of flood events.
Effective:
January 20, 2020
When a flood event affects a manufactured home
park, the following shall occur: (A) The operator shall notify the
division and the board of health having jurisdiction where the flood event
occurred by email, telephone, or in person of the occurrence of the flood event
within forty-eight hours after the end of the flood event; (B) The notice required by paragraph (A)
of this rule shall include the number of lots affected by the flood event, the
duration of the flood event, a description of the extent of damage to the
manufactured home park infrastructure, the number of manufactured homes
affected by the flood event, and how many of those homes had residents prior to
the flood event; (C) After being notified of such a flood
event, the board of health shall inspect the manufactured home park named in
the notice. The board of health shall issue a report of inspection to the
division within ten days after the inspection is completed; and (D) 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 division shall review the report of
inspection issued by the board of health pursuant to section 4781.33 of the
Revised Code.
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Rule 4781-12-07.1 | Flood plain management development permits.
Effective:
January 20, 2020
(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
division. 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 (DD) 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 division. 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 division on a
form prescribed by the division that 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, types 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; (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; and (8) The site-specific
drawing designed by an Ohio registered engineer must accompany the
application. (D) The fee for the issuance of a permit
under paragraph (A) or (B) of this rule shall be fifty dollars. (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 division may
grant one extension of ninety days if it finds that the person granted the
permit has failed to complete the development, replacement, alteration, repair,
or change for reasons beyond the applicant's 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 division under paragraph (D) of rule 4781-12-05 of the
Administrative Code. (G) The division shall disapprove an
application for a permit required under paragraph (A) or (B) of this rule
unless the division 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 division 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
division may request a hearing on the matter. The request for a hearing must be
received by the division within thirty days from the date that the notice of
disapproval, suspension, or revocation was mailed. The hearing shall be held in
accordance with Chapter 119. of the Revised Code.
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Rule 4781-12-07.2 | Flood plain management permit inspections.
Effective:
January 20, 2020
(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
4781-12-07.1 of the Administrative Code, the person to whom the permit was
issued shall notify the division 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 division 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 division 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 division 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 division 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.
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Rule 4781-12-07.3 | Flood plain management elevations; floodway regulations.
Effective:
January 20, 2020
(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 that 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 that 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 division 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 division 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 division
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.
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Rule 4781-12-08 | Manufactured home lots.
Effective:
January 20, 2020
(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 a 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, two functioning battery-operated
single-station smoke detectors 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 that
contain interior space, lean-tos, auxiliary rooms, and similar accessories
connected to the manufactured home. Width and length dimensions do not include
structures that are completely open on two or more sides, roof projections,
overhangs, colonnades, or eaves under which there are no interior spaces; 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 in height. 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 division 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
division 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 division shall not grant a variance
unless: (1) The applicant applies
in writing to the division 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 potentially 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 division 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
division shall conduct a hearing within thirty days after receiving the
application for a variance or a request for a continuance made by the
applicant. The division shall either approve or deny the application. If the
application is approved, the division shall issue a written variance listing
the terms and conditions of the variance. The division shall inspect the
manufactured home park every twelve months to certify compliance with the terms
and conditions of the variance. The division 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.
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Rule 4781-12-08.1 | Freestanding auxiliary buildings.
Effective:
January 20, 2020
(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.
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Rule 4781-12-08.2 | Tiedowns; supports; blocking.
Effective:
January 20, 2020
(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. (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. (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 comply with Chapter 4781-12 of
the Administrative Code. Subject to approval of the division, 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 division, 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.
View Appendix
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Rule 4781-12-08.3 | Placement notification.
Effective:
January 20, 2020
(A) The operator of a manufactured home
park licensed under rule 4781-12-04 of the Administrative Code shall submit to
the division 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 division. (B) If any changes are proposed within
the manufactured home park that would render the information submitted under
paragraph (A) of this rule inaccurate, the operator shall submit to the
division within two business days prior to the proposed change a form
prescribed by the division that 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.
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Rule 4781-12-09 | Streets; walkways; auto parking.
Effective:
January 20, 2020
(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 that 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 that 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 that 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 manufactured home
park 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 that 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 a minimum width of twenty feet
that have been designated as "one-way"; (7) All materials and
construction methods used in street, walkway, and parking construction shall
comply with the 2016 "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 division 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 (J) 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.
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Rule 4781-12-10 | Lighting.
Effective:
January 20, 2020
All manufactured home park streets shall be lighted
at night by not less than three-tenths foot candle of artificial light.
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Rule 4781-12-11 | Water systems.
Effective:
January 20, 2020
(A) The operator of a manufactured home
park shall ensure that the water system, including any existing fire hydrants,
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 that 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 that 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 of an 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.
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Rule 4781-12-12 | Storm water systems.
Effective:
January 20, 2020
(A) Any person proposing development of a
new manufactured home park or to any portion of an existing manufactured home
park shall ensure 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 that 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 2018 "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.
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Rule 4781-12-13 | Location of lines.
Effective:
January 20, 2020
(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.
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Rule 4781-12-14 | Park service building.
Effective:
January 20, 2020
(A) Each manufactured home park that
accommodates manufactured or mobile homes that are not provided with a toilet,
lavatory, and bath plumbing fixtures shall provide a park service building or
buildings for the exclusive use of the occupants and employees of the
manufactured 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 manufactured home park shall have any manufactured
or mobile home that is not provided with a toilet, lavatory, and bath plumbing
fixtures located more than two hundred feet from the park service building or
buildings.
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Rule 4781-12-15 | Number of plumbing fixtures.
Effective:
January 20, 2020
A park service building or buildings required by
rule 4781-12-14 of the Administrative Code, shall have one toilet, one
lavatory, and one bath fixture for each sex for each fifteen manufactured or
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.
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Rule 4781-12-16 | Sewage.
Effective:
January 20, 2020
(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 that
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 that 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.
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Rule 4781-12-17 | Manufactured home connections.
Effective:
January 20, 2020
Each outlet from a manufactured home sanitary sewer
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 manufactured home park.
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Rule 4781-12-18 | Solid waste, collection and storage.
Effective:
January 20, 2020
(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.
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Rule 4781-12-19 | Electrical systems.
Effective:
January 20, 2020
(A) Electrical systems in manufactured
home parks shall be installed and maintained in accordance with the NFPA 70,
National Electrical Code, 2008 edition, 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 NFPA
70. (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 division, present acceptable written evidence from an electrical safety
inspector certified by the board of building standards, Ohio department of
commerce, that the electrical system is in compliance with the provisions of
this rule.
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Rule 4781-12-20 | Fire protection.
Effective:
January 20, 2020
Fire protection activities and firefighting
equipment shall be in compliance with the rules and regulations of the local or
state fire prevention authority.
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Rule 4781-12-21 | Recreation area and facilities.
Effective:
January 20, 2020
(A) Each manufactured home park
constructed after June 30, 1971, shall set aside and provide suitable
recreational space that 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.
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Rule 4781-12-22 | Maintenance.
Effective:
January 20, 2020
(A) All manufactured home park buildings,
lots, streets, walkways, and other facilities shall be maintained in a
condition satisfactory to the division 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
division.
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Rule 4781-12-23 | Rules.
Effective:
January 20, 2020
(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 or 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.
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Rule 4781-12-24 | On duty.
Effective:
January 20, 2020
The manufactured home park operator or a person
authorized to represent him or her shall be available to the residents and the
division to respond to non-emergency park matters during regular business
hours. The operator or his or her agent must be available by telephone at all
times in case of emergency, and must conspicuously post an emergency contact
number in the manufactured home park with the rules of the manufactured home
park in accordance with rule 4781-12-23 of the Administrative Code.
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Rule 4781-12-25 | Records.
Effective:
January 20, 2020
The operator shall keep records and make reports as
required by the division, consistent with the Revised Code and Chapter 4781-12
of the Administrative Code.
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Rule 4781-12-26 | Maintenance of records.
Effective:
January 20, 2020
The division 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.
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Rule 4781-12-27 | Contracts for commission's annual inspections.
Effective:
January 20, 2020
The division may enter into contracts for the
purpose of fulfilling the division's annual inspection responsibilities
for manufactured home parks. Boards of health of city or general health
districts shall have the right of first refusal for such contracts within their
respective jurisdictions.
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Rule 4781-12-28 | Manufactured home parks; resident's remedies; retaliation prohibited.
Effective:
January 20, 2020
(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 because: (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 attorneys'
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 division shall consider such
violation a violation of this rule and may take action pursuant to section
4781.121 of the Revised Code.
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Rule 4781-12-29 | Rental agreements; disclosures; rules; prohibited conditions.
Effective:
January 20, 2020
(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 manufactured 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. 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's 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 (I) of this rule, the tenant or owner may
recover actual damages resulting from the violation, and, if the tenant or
owner obtains a judgment, the tenant or owner may recover 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, which 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 division shall consider
such violation of this rule and may take action pursuant to section 4781.121 of
the Revised Code.
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Rule 4781-12-30 | Resident's duties.
Effective:
January 20, 2020
(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 division, 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: (1) Inspect the premises; (2) Make ordinary, necessary, or agreed repairs,
decorations, alterations, or improvements; (3) Deliver parcels that are too large for the
resident's mail facilities; or (4) Supply necessary or agreed services. (C) If the resident violates any
provision of this section, the park operator may recover any actual damages
that result from the violation and reasonable attorneys' 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 to
injunctive relief to compel access under paragraph (B) of this
rule.
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Rule 4781-12-31 | Intimidation prohibited.
Effective:
January 20, 2020
(A) No park operator of a 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 a residential premises, other than as
provided in Chapters 1923., 4781., and 5303. of the Revised Code. (B) No park operator of a 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
attorneys' fees. (D) In the event that a court of competent jurisdiction
determines that a park operator has violated any of the divisions of section
4781.49 of the Revised Code, the division shall consider such violation a
violation of this rule and may take action pursuant to section 4781.121 of the
Revised Code.
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Rule 4781-12-32 | Security deposit limitations.
Effective:
January 20, 2020
(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 noncompliance 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 or her, together with damages in an amount equal to the amount
wrongfully withheld, and reasonable attorneys' fees. (D) In the event that a court of
competent jurisdiction determines that a park operator has violated any of the
divisions of section 4781.50 of the Revised Code, the division shall consider
such violation a violation of this rule, and may take action pursuant to
section 4781.121 of the Revised Code.
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