This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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| Rule |
Rule 4781-7-01 | Inspections.
Effective:
January 20, 2020
(A) General. (1) All manufactured
homes installed in Ohio shall be inspected for compliance with the Ohio
manufactured home installation standards by an inspector. For purposes of this
Chapter, "inspector" means either individuals certified by the
division pursuant to Chapter 4781. of the Revised Code or individuals trained
and employed by the division. An inspector has the right to inspect the
installation of a manufactured home and any elements that deal with
installation of a manufactured home that are under the jurisdiction of the
division. An inspector also has the right to conduct plans reviews of proposed
manufactured home installations. Nothing in this chapter permits inspectors to
review plans for any structures that are not covered in Chapters 4781-5 to
4781-12 of the Administrative Code. (2) The division shall
adopt a checklist for the inspection of manufactured homes. (3) An inspector shall
use the division-adopted checklist for all inspections. (B) Division inspection
seal. (1) The division shall
adopt a division inspection seal ("inspection seal"). (2) Except as provided in
paragraph (C) of this rule, no manufactured home shall be occupied until the
inspector has issued the inspection seal. The inspection seal shall be paid for
at the time the permit is issued and shall not be construed as an approval of
any violation of the provisions of Chapter 4781. of the Revised Code or the
rules promulgated thereunder or of other ordinances. Any inspection seal issued
in error shall not be valid. (3) The inspection seal must be placed by
the inspector in the proximity of the electrical panel box cover with an
electrical approval tag at the meter base. No person shall remove, destroy,
alter, or cover an inspection seal except as permitted by paragraph (D) of this
rule. The inspection seal shall not be affixed until the manufactured home
meets the Ohio manufactured home installation standards. A copy of the
inspection seal information shall be maintained in accordance with the
division's records retention policy. (4) The inspection seal shall contain the
following, either typed or written in permanent ink: (a) The name and license number of the manufactured home
installer; (b) The serial number of the manufactured home; (c) The address where the home is located; (d) The signature of the inspector; (e) The date the inspection seal is signed and affixed to the
home signifying final approval; and (f) Any special stipulations and conditions of the installation
permit or of the approval. (C) Temporary occupancy permits. The
division shall be authorized to issue a temporary occupancy permit before the
completion of the entire work covered by the permit, provided that such
portion(s) shall be occupied safely. The division shall set a time period
during which the temporary occupancy permit is valid, not to exceed six months.
Two six-month extensions may be granted by the division upon written request if
the installation is in accordance with Chapter 4781-6 of the Administrative
Code. The temporary occupancy permit shall not be the inspection seal but shall
be on a form approved by the division. (1) Conformance. Temporary occupancy
permits shall not be issued unless the manufactured home meets the requirements
for temporary occupancy permits and no life safety hazards exist. (2) Termination of temporary occupancy
permits. The division may terminate the temporary occupancy permit if (a) the
temporary occupancy permit has expired, (b) the manufactured home no longer
meets the temporary occupancy permit requirements, or (c) life safety hazards
exist. (D) Revocation of the inspection seal or
the temporary occupancy permit. The division may suspend or revoke an
inspection seal issued under Chapter 4781. of the Revised Code or the rules
promulgated thereunder if the inspection seal or the temporary occupancy permit
is issued in error, or if the information provided is incorrect, or it is
determined that the manufactured home is in violation of any of the provisions
of Chapter 4781. of the Revised Code or the rules promulgated
thereunder. (E) Jurisdiction for
inspections. (1) All installation
inspections in Ohio shall be conducted by an inspector who: (a) Is certified by the division, has completed an
installation training course approved by the division, and has passed the
division inspection test; or (b) Is trained and employed by the division. (2) The inspector shall
ensure that the installation meets the requirements of the Ohio manufactured
home installation standards as set forth in Chapter 4781-6 of the
Administrative Code. (3) The division
inspectors may perform plans reviews and conduct inspections in any area, for
any reason as the division deems necessary to maintain the requirements set
forth in Chapters 4781-5 to 4781-12 of the Administrative Code. The inspections
and plans reviews set forth in this rule are for the purpose of ensuring that
installations of manufactured homes conform with the standards set forth in
Chapter 4781-6 of the Administrative Code and are not considered investigation
inspections under rule 4781-8-08 of the Administrative Code or as part of
dispute resolution investigations under rule 4781-10-01 of the Administrative
Code. (F) Contracts with inspection
agencies. The division may enter into contracts with
certified building departments, certified health departments, certified third
party inspection agencies, or certified inspectors to perform any enforcement
or compliance function set forth in this chapter. (G) Fee authority for inspections, plan
reviews, inspection seals, temporary inspection seals, and temporary occupancy
permits. (1) The division and any
authorities having jurisdiction may charge fees for inspections,
re-inspections, plan reviews, permits, and related services and expenditures if
those fees are in accordance with rule 4781-7-10 of the Administrative Code.
Any fees that are not in accordance with the fee schedule established in rule
4781-7-10 of the Administrative Code must be preapproved by the division in
writing. (H) Notice of violations for
installations of manufactured homes. (1) When an inspector
determines that a home is in violation of the Ohio manufactured home
installation standards as set forth in Chapter 4781-6 of the Administrative
Code, the inspector shall provide a notice of violation. The inspector shall
provide in writing, on or attached to the notice of violation, a citation to
the standard section that has been violated and leave the notice of violation
with the inspection documents on site. (2) A notice of violation
shall only be removed after the installer has provided the division with notice
after the violations have been corrected and the division has verified that the
corrections have been made. (I) Inspection of utilities. (1) Connection of service
utilities. No person shall make final connections from any utility source to
any manufactured home that is regulated by this code until an inspection permit
is issued by the division. The electrical approval sticker affixed by the
inspector constitutes approval to energize the home. Nothing in this rule
prevents the installer from having access to utilities as needed during
installation. (2) Temporary connection.
The inspector shall have authority to authorize and approve the temporary
connection of the home or system to the utility source. (3) Authority to
disconnect utilities. The inspector shall have the authority to authorize the
immediate disconnection of utilities to the manufactured home by Chapter 4781.
of the Revised Code or the rules promulgated thereunder and the referenced
codes and standards set forth in case of emergency where necessary to eliminate
an immediate hazard to life or property or when such connection has been made
without approval. The inspector shall notify the utility company and request
the utility company to follow its normal disconnection procedures and whenever
possible notify the owner and occupant of the manufactured home of the decision
to disconnect. The owner or occupant of the manufactured home shall be notified
in writing as soon as possible thereafter. (J) Violations. (1) No person shall
install, occupy, or permit occupancy of, any manufactured home in violation of
any provisions of Chapter 4781. of the Revised Code or the rules promulgated
thereunder. (2) The division shall be
authorized to serve notice of violation or order on any person: (a) Responsible for the installation; (b) Occupying the manufactured home; (c) In violation of the approved plans; (d) In violation of a permit; (e) In violation of inspection seal set; or (f) In violation of temporary occupancy permits issued
under Chapter 4781. of the Revised Code or the rules promulgated
thereunder. Such order shall direct the discontinuance of
the violation, action, or condition, and the abatement of the violation. (3) If the violation(s)
are not corrected within the time prescribed by such notice, the division may
institute the appropriate proceeding at law or in equity to restrain, correct,
or abate such violation, or to require the removal or termination of the
unlawful occupancy of the manufactured home. (4) Any person who
violates Chapter 4781. of the Revised Code or the rules promulgated thereunder
or fails to comply with any of the requirements or who installs a manufactured
home in violation of the approved plans or the manufacturer's installation
manual or directive of the inspector or of a permit or inspection seal shall be
subject to penalties as prescribed by Chapter 4781. of the Revised Code and the
rules promulgated thereunder. (K) Stop work order. (1) Upon notice from the
inspector that the installation of a manufactured home is proceeding in
violation of Chapter 4781. of the Revised Code or the rules promulgated
thereunder or in an unsafe and dangerous manner, the installation shall be
immediately stopped. The stop work order shall be in writing and shall state
the conditions under which the installation will be permitted to resume. The
stop work order shall be given to the owner of the property involved or the
owner's agent or to the person doing the work. (2) Unlawful continuance.
Any person that continues the installation of a manufactured home after being
served with a stop work order, except such installation components that person
is directed to perform to abate a violation or unsafe condition, shall be
subject to penalties as prescribed in Chapter 4781. of the Revised Code or the
rules promulgated thereunder.
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Rule 4781-7-02 | Certified manufactured home inspectors and/or plans reviewers.
Effective:
January 20, 2020
(A) All manufactured home inspectors that
are not employed by the division shall be certified by the division.
Certification shall be valid for three years. (B) An applicant to become a certified
inspector shall meet the following: (1) Experience. The
applicant shall meet at least one of the following: (a) Three years' experience in a position of responsibility,
directly related to construction, such as foreman, which required the ability
to effectively read and interpret building plans and specifications;
or (b) Three years' experience in an architect or engineer
office performing building design or drafting duties or construction
supervision; or (c) An associate degree (two years) from a college or university
in architecture, engineering, or building technology; or (d) Three years as a quality assurance inspector or field service
technician in a manufactured homes manufacturing plant; or (e) Three years as an Ohio licensed manufactured home installer;
or (f) international code council or board of building standards
current and active certification as a building inspector, residential
inspector, or plans reviewer; or (g) Any combination of experience and education in the
manufactured homes construction industry or building construction industry
totaling three years as approved by the division; or (h) Other equivalent experience as approved by the
division. (2) Submit a complete
application on a form approved by the division and a nonrefundable fee as set
forth in paragraph (G) of this rule. (3) Successfully complete
an approved inspector training course for the certification of manufactured
homes inspectors; (4) Pass the written
examination prescribed by the division. (C) Incomplete applications shall be held
open for six months following notification of incomplete requirements by
regular mail, facsimile, or email. After five months, a final notice of
incomplete application shall be mailed by certified mail, return receipt
requested. If at the end of the six-month period the application remains
incomplete, it shall be considered abandoned and the applicant shall be
required to submit a new application, including any fees. (D) Each certified inspector shall apply for renewal and
pay a nonrefundable renewal fee in an amount set forth in paragraph (G) of this
rule prior to the expiration date of the certification. Any individual whose
certification has expired may obtain a renewal within one year from the date of
its expiration provided the holder has met all requirements for renewal,
including payment of the renewal fee. All applications for renewal of expired
certifications shall be processed as renewals during the one-year period
following expiration. All applications for renewal of expired certifications
submitted more than one year following the expiration shall be processed as a
new application. The holder of a certification that has expired shall not
perform any duties for which a certification is required. (E) All certified inspectors shall be required to complete
a minimum of twelve hours of continuing education training for each
certification period. The certified inspector shall provide the division with
verification of completion of the required continuing education on the
appropriate continuing education form. (F) Certified inspectors. (1) The division may set
qualifications and contract with certified inspectors as the division deems
necessary to carry out additional inspections in all areas of the
state. (2) A copy of all
deficiency reports from a certified inspector must be provided to the division.
The deficiency report shall include the name and license number of the
installer, a list of the deficiency or non-compliant items and the list of
corrections, and the time period for the installer to correct the listed
deficiencies or non-compliant items. (G) Certification fees. (1) The non-refundable
initial fee for certified inspectors shall be fifty dollars for each three-year
certification period. (2) The non-refundable
renewal fee for certified inspectors shall be fifty dollars. (3) Fees shall be made payable, by check
or money order, to "Treasurer, State of Ohio," or by credit card. Any
payment of fees may be subject to a convenience fee as charged to the
division. (H) The division may deny, suspend, revoke, or refuse to
renew the certification of any manufactured home inspector or any inspection
agency for any of the following reasons: (1) Failure to meet the
requirements for a certification or renewal of a certification under Chapter
4781. of the Revised Code; (2) Failure to meet the
continuing education requirements for renewal for a certification under Chapter
4781. of the Revised Code; (3) Violation of Chapter
4781. of the Revised Code; (4) Making a false or
material misstatement in an application for certification; (5) Inspecting
manufactured homes in Ohio without a certification or without being employed as
an inspector by a certified building department, health department, or third
party agency; (6) Been convicted of a crime of moral
turpitude or a disqualifying offense as those terms are defined in section
4776.10 of the Revised Code. The term "disqualifying offense" has the
same meaning as that term is used in rule 4781-8-03 of the Administrative
Code; (7) Having had a certification revoked,
suspended, or denied by the division; (8) Having a certification revoked,
suspended, or denied by another state or jurisdiction; (9) Engaging in conduct in another state
or jurisdiction that would violate Chapter 4781. of the Revised Code if
committed in this state; (10) Failing to provide electronic
permit/inspection updates on the division website seal report in a timely
manner to be determined by the division; (11) Acting in a manner that violates the
code of ethics for manufactured home inspectors; (12) Violations of the division's
rules and/or policies. (I) In addition to or in lieu of suspending, revoking, or
refusing to renew a manufactured home inspector's certification for
violation of Chapter 4781. of the Revised Code or any rule adopted pursuant
thereto, the division may impose a fine not exceeding one thousand dollars per
violation per day. (J) Any person whose certification or certification
application has been revoked, suspended, denied, or not renewed may request an
adjudication hearing within thirty days after receipt of the notice of the
action. The hearing shall be held in accordance with Chapter 119. of the
Revised Code. (K) Reapplication after revocation, denial, or
suspension. (1) Any person whose
certification has been revoked or denied may apply for a new certification two
years after the date on which the certification was revoked or
denied. (2) Any person whose
certification has been suspended for a period determined by the division may
apply for renewal of the certification within thirty days of the end of the
suspension period. (L) Upon suspension, revocation, or non-renewal, the person
shall return the certification and identification card to the division within
three days after receipt of the notice of suspension, revocation, or
non-renewal.
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Rule 4781-7-03 | Inspection requirements.
Effective:
January 20, 2020
(A) Inspection requirements. (1) Three inspections,
known as a "footing inspection," an "electrical
inspection," and a "final inspection" shall be performed on
every manufactured home installed in the state of Ohio where new footings are
being constructed in ground. Where existing footings comply with Chapter 4781.
of the Revised Code and the rules promulgated thereunder, only the electrical
and final inspections shall be required as long as no alterations, repairs, or
additions to the existing footings are required to comply with Chapter 4781. of
the Revised Code or the rules promulgated thereunder. Additional inspections
may be required depending on the type of installation, and all inspections
shall comply with the requirements of this rule. (2) A copy of the
approved plans or the manufacturer's installation manual shall be at the
installation site for the inspector's use. If the approved plans or the
manufacturer's installation manual is not at the installation site when
the inspector is present for the inspection, no inspection shall be performed
by the inspector until the approved plans or manufacturer's installation
manual is at the installation site. (B) Inspection requests. (1) The permit holder
shall request inspections from the division when the manufactured home is ready
for inspection. The division shall make written record of each inspection
request including the date and time. The inspections shall be performed within
three business days of the request, (meaning days excluding weekends and
holidays). If the division is unable to perform the inspection, the permit
holder shall hire a certified inspector, as defined in paragraph (F) of rule
4781-7-02 of the Administrative Code. If the inspection is not performed within
three business days, the installer may continue with the installation; however,
if the installer continues with the installation and the installation is in
violation of Chapter 4781. of the Revised Code and the rules promulgated
thereunder, the installer shall be responsible to correct all violations within
the time prescribed by the inspector and at the installer's
expense. (2) If any inspection is
performed by a certified inspector other than an inspector employed by the
division, then the permit holder must notify the division of any inspection
that is not performed due to a non-responsive inspector within three business
days of the request. (C) Footing inspections. (1) New constructed or
new poured concrete footings. Inspection of the footing shall be made after the
footing's excavations have been excavated to solid ground, after any
required reinforcing steel has been placed, and prior to the placing of
concrete. The footing inspection shall include excavations for lengthways
runners, crossways ribbons, pier pads, perimeter wall footers, slabs, and
thickened slabs intended for the support of bearing walls, partitions, columns,
piers, structural supports, or equipment as applicable to the specific
design. (a) The division may review plans, issue permits, and perform
inspections for footing or base support systems, regardless of whether a
manufactured home is being installed concurrently, provided the installer makes
application as prescribed by the division, and has obtained approval for the
location of the footing or base support system, and such footing or base
support system has been installed in accordance with paragraphs (L) to (P) of
rule 4781-6-03.3 of the Administrative Code. (b) Permit and plan review in paragraph (A) of this rule shall be
the same as required in rules 4781-7-09 and 4781-12-05 of the Administrative
Code. (2) Existing footings.
Where footings are preexisting and the inspector cannot reasonably inspect the
excavation area to confirm that the footings have been constructed on solid
ground, no inspection of the preexisting footings shall be required if the
preexisting footings are in good and non-deteriorating condition and support
the manufactured home. If the inspector determines that the preexisting
footings are failing or deteriorating, the footings shall be replaced and the
excavation shall be inspected prior to the placing of the new footings. Any and
all preexisting footings that were in good and non-deteriorating condition, but
upon final inspection show they do not support the load of the manufactured
home, the installer shall replace the footings in accordance with the
division's rules. (D) Electrical inspections. (1) Electrical service
inspections shall be performed by a board of building standards certified
electrical safety inspector (ESI). If the electrical service does not meet the
national electrical code (NEC) as referenced in rule 4781-6-03 of the
Administrative Code, the ESI shall leave a copy of the electrical service
inspection checklist, listing the items to be corrected, and the items shall be
corrected prior to the expiration of the permit. If the electrical service
complies with the requirements of the NEC, the ESI shall place an approval
sticker on the meter base, leave a copy of the completed electrical service
inspection checklist on site, and shall notify the local electrical power
company that the manufactured home has passed the electrical service
inspection. The licensed installer or the homeowner shall submit a copy of the
completed electrical service inspection checklist or any other documentation
required by the local electrical power company. The electrical service
inspection shall include, but not be limited to, electrical system connections
from the service point as defined in NEC 2008. Work performed on-site during an
installation shall be made prior to covering or concealment, and before
fixtures or appliances are set or installed. (2) Nothing in this rule
shall authorize the division to inspect components of a manufactured home that
were inspected at the factory, other than components that may affect the health
or safety of the occupant of the manufactured home. (E) Final inspections. (1) A final inspection
shall be made after the permitted work is complete and prior to
occupancy. (2) The permit holder
shall request a final inspection within ten working days of the completion of
the manufactured home installation. (3) An inspector shall use a
division-approved inspection checklist when performing final
inspection. (4) Upon approval of the final
inspection, the inspector shall place the inspection seal in the home on the
inside face of the electrical panel. (5) No inspector shall allow the home to
be occupied unless the inspection seal has been placed or the inspector has
approved the home for a temporary occupancy. (F) The inspector may accept inspection
reports of approved agencies, provided such agencies satisfy the requirements
of the division as to qualifications and reliability. (G) It shall be the duty of the permit
holder or the installer to notify the inspector that work is ready for
inspection. It shall be the duty of the person requesting any inspections
required by Chapter 4781. of the Revised Code or the rules promulgated
thereunder to provide access to and means for inspection of such
work. (H) The division shall provide an inspection card indicating the
inspections required. The inspector shall sign the inspection card by
initialing each stage of inspection as it is performed. The inspection card
shall be kept with the approved plans and/or the manufacturer's
installation manual on the installation site. The inspection card shall be on a
form approved by the division. A lost, damaged, or illegible inspection card
shall be replaced in accordance with the rules or policies of the
division.
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Rule 4781-7-04 | Building departments and health departments; requirements for certification to perform inspections of manufactured homes.
Effective:
January 20, 2020
(A) Before exercising authority to
enforce Chapter 4781. of the Revised Code or the rules promulgated thereunder,
and before accepting and approving plans pursuant to Chapter 4781. of the
Revised Code or the rules promulgated thereunder, municipalities, townships,
and county building departments and health departments and their required
personnel shall be certified by the division. (B) A building department certified by
the board of building standards to enforce section 3781.10 of the Revised Code
shall submit an application for certification or renewal on a form approved by
the division that includes: (1) A copy of the board
of building standards certification; (2) The names, addresses,
and qualifications of persons, firms, or corporations contracting to furnish
work or services if such persons, firms, or corporations are under contract to
furnish inspection services and if authority is exercised pursuant to the
contract. A minimum of one inspector certified by the division, a back-up
inspector certified by the division, and an electrical safety inspector (ESI)
as employees or under contract are required; (3) The names of other
municipal corporations, townships, counties, health districts, or other
political subdivisions contracting work or services if such other political
subdivision is under contract to furnish services related to manufactured home
installation inspection; (4) A signature of an
authorized representative or an appropriate official for the political
subdivision; (5) Proof of the approval
of the governmental entity through the adoption of an ordinance or resolution
granting authority for the work contracted with the division; and (6) Manufactured home inspection and
plans review procedures. (C) Each department shall be required to
update the division seal report regarding permit issuance activities pursuant
to these rules, within twenty-four hours after the issuance of an installation
permit. (D) The division shall be provided with
notification of changes in personnel of the department who enforce the rules of
the division within thirty calendar days after such personnel changes have been
made. (E) The division may revoke a building
department's certification following an investigation that establishes
that the building department or its employees violated Chapter 4781. of the
Revised Code or rules promulgated thereunder. The division may initiate an
investigation on its own motion or upon receipt of a complaint. If the division
proposes to revoke an inspector or a building department's certification,
the division shall conduct a hearing pursuant to Chapter 119. of the Revised
Code. If the division finds that the building department inspector or the
building department has violated the rules, the division may revoke, suspend,
issue a fine, or do a combination thereof. Any fine imposed cannot exceed one
thousand dollars per violation per day. A building department employee
inspector or the building department shall return the certification and
identification card to the division within three business days after receipt of
the division's order of revocation. (F) A building department's
certification shall be valid for three years. Each building department shall
apply for renewal of its certification prior to the expiration date of its
certification. If the building department fails to renew its certification on
or before the expiration, it must submit a new application for certification in
accordance with this rule. No building department or any of its employees may
perform any duties for which a certification is required under this chapter
until certification is renewed. (G) Fees. There is no fee for a building
department requesting division certification or renewal. (H) A building department not certified
by the board of building standards or health department may be certified by the
division in accordance with this rule provided the following is
submitted: (1) Information required
in paragraphs (B) to (F) of this rule; (2) The following
additional information: (a) A copy of the ordinance/resolution creating the department,
including the date established; (b) An organizational chart of the department; (c) List of employees or independent contractors who will
be performing the inspections or plans review. A minimum of one inspector
certified by the division, a back-up inspector certified by the division, and
an electrical safety inspector (ESI) as employees or under contract are
required; (d) Copy(ies) of all contractual agreements, if any,
regarding any persons or employee that will be providing inspections, plans
review, electrical inspections, sewer connection inspections, and plumbing
inspections. (3) Fees. There is no fee
for a building department not certified by the board of building standards or
health department requesting division certification or renewal. (I) If a building department not
certified by the board of building standards or health department fails to
renew its certification on or before expiration, it must submit a new
application for certification in accordance with this rule. No building
department, health department, or any of its employees may perform any duties
for which a certification is required under this chapter until certification is
renewed. (J) After an investigation, if a finding
of facts establishes that a building department or health department certified
under paragraph (H) of this rule or any of their employees has not complied
with Chapter 4781. of the Revised Code or the rules promulgated thereunder, the
division may revoke the certification of the department. The division may
initiate an investigation on its own motion or upon receipt of a complaint. If
the division proposes to revoke the certification of an inspector employed by
or retained by a building department or health department, the division shall
conduct a hearing pursuant to Chapter 119. of the Revised Code. If the division
finds that the department employee or inspector or the department has violated
this chapter, the division may revoke, suspend, issue a fine, or a combination
thereof. Any fine imposed cannot exceed one thousand dollars per violation per
day. A department's inspector or the department shall return the
certification and identification card to the division within three business
days after receipt of the division's order. (K) As it relates to installation
inspections, there will be no exclusivity under the division's authority.
A certified building department or certified health department may contract
with a jurisdiction outside its respective political subdivision to perform
non-exclusive manufactured home installation inspections in that political
subdivision, but if so, must notify the division of the non-exclusive agreement
and must provide a copy of the executed contract to the division prior to
permitting/inspecting outside of its jurisdiction.
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Rule 4781-7-05 | Certified third party plans review agencies and certified third party inspection agencies.
Effective:
January 20, 2020
(A) The division may contract with
certified third-party inspection agencies to perform inspections or plan
reviews. Trained division inspectors may also perform these
functions. (B) To become certified, third-party
inspection agencies must provide the following information to the
division: (1) The name, address,
and telephone number of the third-party inspection agency; names and addresses
of all owners, shareholders, partners, limited liability companies, and/or
directors with a five per cent share or larger of the business. If any of the
owners, shareholders, partners, limited liability companies, and/or directors
are corporately owned, the names and addresses must include the real
persons' names through each layer of ownership. (2) Provide notification
of any felony conviction(s) to the division for all owners, partners,
directors, and shareholders with a five per cent share or larger, as required
by the division on a form provided by the division. The division may deny
certification as a third-party inspection agency to any business with an owner,
partner, director, and/or shareholder who has a felony conviction. (3) Provide notification
of any owners, shareholders, partners, limited liability companies, and/or
directors who also have a five per cent share or larger in any manufactured
home installation company, manufactured home retail lot, manufactured home
development, manufactured home park, manufactured home manufacturer, or
manufactured home equipment supplier. If any of the owners, shareholders,
partners, limited liability companies, and/or directors are corporately owned,
the names and addresses must include the real persons names through each
layer of ownership. The division may limit the jurisdictional area where the
third-party inspection agencies may perform plan review or inspections of
manufactured homes or deny certification as a third-party inspection agency
based upon a conflict of interest. (C) Third-party inspection agencies shall
apply to the division for certification on a form approved by the division.
Principals of a third-party inspection agency are required to have at least two
years' experience in inspecting manufactured homes, have inspected at
least fifteen manufactured homes, which must be verified by a previous employer
who is certified as an inspection agency with the division, or other experience
as approved by the division. (D) Each third-party inspection agency
shall be required to provide, within twenty-four hours of issuing a permit,
updates to the seal report or any other information that is requested by the
division as it relates to activities pursuant to this chapter for public
viewing on the department's website at www.com.ohio.gov. (E) Any third-party agency that enforces
division rules shall notify the division of changes in personnel within thirty
calendar days after such personnel changes have been made. Each third-party
agency must have a minimum of one inspector certified by the division, a
back-up inspector certified by the division, and an ESI as either employees or
under contract. (F) Third-party inspectors. (1) Inspectors for
certified third-party inspection agencies are subject to all the requirements
for inspectors in rule 4781-7-02 of the Administrative Code. Inspectors for
certified third-party inspection agencies can inspect the installation of a
manufactured home and any elements that deal with installation of a
manufactured home that are under the jurisdiction of the division and conduct
plans reviews of the installation of manufactured homes. (2) Third-party
inspectors shall be held to the ethics standards for inspectors in accordance
with rule 4781-7-06 of the Administrative Code. Third-party agencies that are
not subject to the standards of the state ethics laws, including Chapter 102.
of the Revised Code, shall be held to rule 4781-7-06 of the Administrative
Code. (G) A third-party inspection
agency's certification is effective for three years. Each certified
third-party inspection agency shall apply for renewal and pay a nonrefundable
renewal fee in an amount set forth in paragraph (K) of this rule prior to the
expiration date of the certification. All applications for renewal of expired
certifications shall be processed as renewals during the one-year period
following expiration. All applications for renewal of expired certifications
submitted more than one year following the expiration shall be processed as a
new application. The agency shall not perform any duties for which a
certification is required while expired. (H) A third-party inspection agency must
maintain insurance and/or bonding requirements as prescribed by the division
during the duration of the certification period. Failure to do so will cause
the certification to be placed on inactive status, during which the agency
shall not perform any duties for which a certification is
required. (I) No certified third-party inspection
agency may contract with any political subdivision within the state to be the
sole provider of manufactured home installation inspections or manufactured
homes plan review. (J) After an investigation, if a finding of facts establishes
that a third-party inspection agency or any of its employees has not complied
with Chapter 4781. of the Revised Code or the rules promulgated thereunder, the
division may suspend or revoke the third-party agency's certification. The
division may initiate an investigation on its own motion or upon receipt of a
complaint. If the division proposes to suspend or revoke the agency's
certification, the division shall conduct a hearing pursuant to Chapter 119. of
the Revised Code. If the division finds that the third-party employee inspector
or the third-party inspection agency has violated the rules, the division may
suspend, revoke, issue a fine, or do a combination thereof. Any fine imposed
cannot exceed one thousand dollars per day per violation. A third-party
inspection agency shall return any certification and identification cards to
the division within three business days after receipt of the division's
order of revocation. (K) Fees. (1) The non-refundable
fee for application or renewal for certification of a third-party inspection
agency shall be three hundred dollars for each. (2) Fees shall be made payable by check
or money order to "Treasurer, State of Ohio," or by credit card. Any
payment of fees may be subject to a convenience fee as charged to the
division.
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Rule 4781-7-06 | Code of ethics for certified inspectors and/or certified plans reviewers.
Effective:
January 20, 2020
(A) General. (1) To safeguard the
health, safety, and welfare of the public and the state of Ohio and to maintain
integrity and high standards of skills and practice in the industry,
manufactured home inspectors shall follow the rules of professional conduct
under Chapter 4781. of the Revised Code and the rules promulgated thereunder,
which shall be binding upon every person holding a certification as a
manufactured home inspector in Ohio. In addition, certified manufactured home
inspectors are required to meet the ethics of the state of Ohio ethics
standards under Chapter 102. of the Revised Code. (2) The manufactured home
inspectors certified by the division are presumed to have knowledge of Chapter
4781. of the Revised Code and the rules promulgated thereunder regarding the
installation of manufactured homes and the standards of conduct under this rule
for certified manufactured home inspectors, and the certified manufactured home
inspectors shall be forthright and candid in statements or written responses to
the division or its representatives on matters pertaining to professional
conduct. (B) Code of ethics for certified
manufactured home inspectors. (1) The manufactured home
inspector shall protect the health, safety, and welfare of the public and his
or her colleagues in the performance of his or her professional duties. If a
situation arises that threatens the health, safety, or welfare of the public or
the certified manufactured home inspector's colleagues, the certified
manufactured home inspector shall: (a) Advise the licensed installer immediately and provide the
installer an opportunity for timely correction of the
violation(s); (b) Notify the proper authority; and (c) Notify the division within one business day. (2) The certified
manufactured home inspector shall undertake only those assignments that the
certified manufactured home inspector is qualified by training, education, and
experience to perform. If the competence of a certified manufactured home
inspector comes into question, the certified manufactured home inspector shall
cooperate in any investigation by the division. (3) The certified
manufactured home inspector shall be completely objective in any professional
report, statement, or testimony. (4) The certified manufactured home
inspector shall at all times act with complete integrity for each client and
shall be honest in all dealings with customers, the division, his or her
colleagues, and the public. (5) The certified manufactured home
inspector shall respond promptly to all complaints. (6) The certified manufactured home
inspector shall keep current knowledge of the products, methods, techniques,
and technology associated with the installation of manufactured homes and with
related inspection practices. (7) The certified manufactured home
inspector shall not authorize or approve any installation by any non-homeowner
other than a manufactured home installer licensed by the division. (8) The certified manufactured home
inspector who has knowledge or reason to believe that another person is
violating any of the provisions of Chapter 4781. of the Revised Code or any
provision of the rules promulgated thereunder shall immediately notify the
division in writing. (9) The certified manufactured home
inspector shall not directly or indirectly receive, solicit, or request
anything of value except normal, legal, and customary compensation for
professional employment and services. (10) The certified manufactured home
inspector shall not falsify or misrepresent his or her professional
qualifications, and shall not misrepresent or exaggerate his or her
responsibilities, skills, or competency. (11) The certified manufactured home
inspector shall conduct every inspection in a professional manner with respect
to the property being inspected. The certified manufactured home inspector
shall not be required to perform any destructive testing. (12) The certified manufactured home
inspector shall not pass judgment on the value of a manufactured home or
property or recommend the purchase of a manufactured home or
property. (13) Misrepresent his or
her qualifications to the division in an application for certification under
Chapter 4781. of the Revised Code or the rules promulgated
thereunder. (14) Certified
manufactured home inspectors shall avoid conflicts of interest or activities
that compromise or appear to compromise professional independence, objectivity,
or inspection and/or plans review integrity. (15) Certified
manufactured home inspectors shall not inspect properties in which they have or
expect to have a financial interest. (16) Certified
manufactured home inspectors shall not inspect properties under contingent
arrangements whereby any compensation or future referrals are dependent on the
certified manufactured home inspector approving the plans or issuing an
inspection seal or issuing a temporary inspection seal and temporary occupancy
permit or on the sale of a property. (17) Certified
manufactured home inspectors shall not accept compensation directly or
indirectly for recommending contractors, services, or products to inspection
clients or other parties having an interest in the manufactured home business
or the related services or parties. (18) Certified
manufactured home inspectors shall not repair, replace, or upgrade a system or
component of a manufactured home, or perform any other service not relating to
an inspection of a manufactured home, for compensation or otherwise, for one
year before or after the inspection for that property. (C) Conviction of a felony or the
revocation or suspension of a certification or license in another jurisdiction
for conduct that would violate Chapter 4781. of the Revised Code or the rules
promulgated thereunder if it occurred in the state of Ohio may be grounds for
the division to charge the inspector with a violation of this rule.
(D) Each certified manufactured home
inspector shall keep a true and accurate record of all inspections and business
transactions relevant to the enforcement of Chapter 4781. of the Revised Code
and the rules promulgated thereunder in the certified manufactured home
inspector's business office. Such records shall be available during normal
business hours for inspection and copying by the division, its staff, or its
designee. (E) The division may conduct a hearing pursuant to Chapter 119.
of the Revised Code when any Ohio certified manufactured home inspector
violates the division's rules. If the division finds that the inspector
has violated the rules, the division may suspend, revoke, issue a fine, or do a
combination thereof. Any fine imposed cannot exceed one thousand dollars per
violation per day. An Ohio certified manufactured home inspector shall return
his or her certification and identification card to the division within three
business days after receipt of the division's order revoking the
certification of the inspector.
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Rule 4781-7-08 | Duties and powers of the inspector.
Effective:
January 20, 2020
(A) General. (1) "Authority
having jurisdiction" shall have the same meaning as defined in paragraph
(B)(12) of rule 4781-6-03 of the Administrative Code. (2) When under contract pursuant to
paragraph (F) of rule 4781-07-01 of the Administrative Code, the authority
having jurisdiction shall enforce Chapter 4781. of the Revised Code and the
rules promulgated thereunder. The authority having jurisdiction and the
inspector shall: (a) Render interpretations of Chapter 4781. of the Revised Code
and the rules promulgated thereunder. Such interpretations, policies, and
procedures adopted by the authority having jurisdiction shall comply with the
intent and purpose of Chapter 4781. of the Revised Code and the rules
promulgated thereunder. Where there is a specific conflict, the division's
interpretations of its statutes or rules shall be binding on the authority
having jurisdiction. (b) Adopt policies and procedures to clarify the application of
Chapter 4781. of the Revised Code and the rules promulgated thereunder. Such
policies and procedures shall not waive any of the requirements under Chapter
4781. of the Revised Code and the rules promulgated thereunder. (B) Applications for permits and plans
review. (1) The authority having
jurisdiction shall receive permit applications, review plans, and issue permits
for the installation of manufactured homes in compliance with the provisions of
Chapter 4781. of the Revised Code and the rules promulgated
thereunder. (2) The authority having
jurisdiction shall issue all permits, approvals of plan reviews, directives,
and/or all necessary notices or orders to ensure compliance with Chapter 4781.
of the Revised Code and the rules promulgated thereunder. (3) The authority having
jurisdiction shall charge fees for permits, inspections, and plans review as
set forth in rule 4781-7-10 of the Administrative Code unless alternate fees
have been preapproved in writing by the division. (C) Inspection authority. The authority having jurisdiction shall make all
the required inspections and shall accept or reject any reports of inspection
by approved agencies or by the person responsible for the installation of the
manufactured home. Reports of inspections shall be in writing and be signed by
the responsible officer of the approved agency or by the responsible person or
approved agency. (D) Identification. The inspector, upon
request, shall present his or her division -approved credential when inspecting
the installation of manufactured homes. (E) Right of entry. Where it is necessary
to make an inspection to enforce the provisions of Chapter 4781. of the Revised
Code and the rules promulgated thereunder, or where the inspector has
reasonable cause to believe that there exists in a manufactured home a
condition in violation of Chapter 4781. of the Revised Code or the rules
promulgated thereunder that renders the manufactured home unsafe, dangerous, or
hazardous, the inspector shall be authorized to enter the manufactured home to
inspect or perform his or her duties imposed by Chapter 4781. of the Revised
Code or the rules promulgated thereunder, provided that credentials be
presented and entry be requested of the installer, the owner, or other person
having charge or control of the manufactured home. If entry is refused, the
inspector shall have recourse to seek remedies provided by law to obtain entry
and shall not enter until proper approval is granted. (F) The authority having jurisdiction
shall keep official records of applications received, permits and seals issued,
fees collected, reports of inspections, and notices and orders issued. Such
records shall be retained pursuant to the records retention policy of the
division. Upon termination of certification, all records must be delivered to
the division's office as prescribed. (G) Approved materials and equipment. Materials, equipment,
and devices approved by the inspector shall be installed in accordance with
such approval. Used materials equipment and devices shall not be reused unless
approved by the inspector. (H) Other designs, installations, or
equipment. (1) Alternative
materials, design, and methods of installation or equipment. (a) These rules do not prohibit the installation of any material
or prohibit any design or method of installation that has not been specifically
prescribed by Chapter 4781. of the Revised Code and the rules promulgated
thereunder, as long as any alternative method, design, or material has been
approved by the division and is in accordance with this chapter and meets or
exceeds the minimum requirements adopted by the department of housing and urban
development (HUD) and set forth in 24 C.F.R. 3285. (b) Alternative materials, designs, or methods of installation
shall be approved by the division only if the division determines that the
proposed material, design, or method complies with the intent and the purpose
of the provisions of Chapter 4781. of the Revised Code or the rules promulgated
thereunder, and that the material, design, or method is being used for the
purpose intended and is at least the equivalent of the standards prescribed in
Chapter 4781. of the Revised Code and the rules promulgated thereunder and
meets or exceeds the minimum requirements adopted by HUD and set forth in 24
C.F.R. 3285. (c) Compliance with specific performance-based provisions of the
HUD Manufactured Home Construction Safety Standards or the residential code of
Ohio in lieu of specific requirements of these rules may be permitted as an
alternative. (2) Tests. (a) Whenever there is insufficient evidence for compliance with
the provisions of Chapter 4781. of the Revised Code and the rules promulgated
thereunder or evidence that a material, design, or method does not conform to
the requirements of Chapter 4781. of the Revised Code and the rules promulgated
thereunder, the inspector or the division shall have authority to require tests
of the proposed material, design, or method for evidence of compliance at no
expense to the jurisdiction. (b) Test methods shall be as specified in Chapter 4781. of the
Revised Code and the rules promulgated thereunder or by other recognized test
standards. (c) Tests shall be performed by an agency approved by the Ohio
board of building standards, HUD, or the division. In the absence of recognized
and accepted test methods, the inspector or the division shall approve the
testing procedures. (d) Reports of tests shall be retained by the authority having
jurisdiction in accordance with the records retention policy of the
division. (3) Submission of a valid
research report from an evaluation service that supports the efficacy of use of
any material, appliance, equipment, or method not specifically provided for in
Chapter 4781. of the Revised Code and the rules promulgated thereunder, or that
demonstrates compliance with Chapter 4781. of the Revised Code and the rules
promulgated thereunder may be used as evidence of compliance with Chapter 4781.
of the Revised Code and the rules promulgated thereunder.
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Rule 4781-7-09 | Permits and plans review for manufactured homes.
Effective:
January 20, 2020
(A) The division shall issue written
permits, perform plans reviews, and conduct inspections for manufactured homes.
A permit shall not be valid unless the permit is in writing and the
non-refundable fees for inspections and the inspection seal have been
paid. (B) Any owner or installer or authorized
agent of the owner or installer who intends to install a manufactured home or
cause any work to be done on a manufactured home that is regulated by Chapter
4781. of the Revised Code or the rules promulgated thereunder, shall first make
application for a permit and submit plans for approval. (C) The application shall: (1) Identify and describe
the work to be covered by the permit for which application is
made; (2) Describe the land on
which the proposed work is to be done by legal description, street address, or
similar description that will readily identify and definitively locate the
proposed home site; (3) Be accompanied by a
foundation design, the plans to be approved, if any, and any other information
as required by the division; (4) Be signed by the
applicant or the applicant's agent; (5) Identify the
installer or installers by name and license number; and (6) Any other information
required by the division. (D) Plans review. The division shall
examine or cause to be examined applications for permits and amendments to
permits within a reasonable time after filing. If the application or other
documents do not conform to the requirements of the pertinent laws, the
division shall reject the application in writing and state the reasons for the
rejection. If the division is satisfied that the work conforms to the
requirements of Chapter 4781. of the Revised Code and the rules promulgated
thereunder, the division shall issue a permit as soon as
practicable. (E) Time limitations. An application for
a permit for any proposed work shall be deemed to have been abandoned after
sixty days from the date of filing, unless the application has been pursued in
good faith or a written permit has been issued; except the division may grant
one extension of time in writing not to exceed sixty days. The extension shall
be requested in writing and good cause demonstrated. (F) Validity. The issuance or granting of
a written permit shall not be construed as an approval of any violation of any
of the provisions of these rules or of any other local ordinance or regulation.
Permits presuming to give authority to violate Chapter 4781. of the Revised
Code, the rules promulgated thereunder, or any other local ordinances or
regulations shall not be valid. The issuance of a written permit based on
approved plans, alternative design, or the manufacturer's installation
manual and/or any other documents approved by the division shall not prevent
the certified manufactured homes inspector from requiring the correction of
errors in the approved plans, alternative design, or the manufacturer's
installation manual and/or any other documents approved by the division. The
inspector may prohibit occupancy of a manufactured home that is in violation of
Chapter 4781. of the Revised Code or the rules promulgated
thereunder. (G) Expiration. Every permit shall become
invalid after one hundred eighty days from the date of issuance or if the work
authorized by a permit is suspended or abandoned for a period of more than
sixty days after the date the work is commenced. The permit holder may request
an extension of time to commence or finish the work authorized by the permit.
Any extension of time is at the sole discretion of the division, and the
request for the extension shall be made in accordance with applicable laws or
the division's rules, policies, or procedures and shall not exceed one
hundred eighty days. (H) Suspension or revocation of a permit.
In accordance with these rules, the inspector may suspend or revoke a permit
issued under Chapter 4781. of the Revised Code or the rules promulgated
thereunder, wherever the permit was issued in error, on the basis of incorrect,
inaccurate, or incomplete information, or in violation of any of the provisions
of Chapter 4781. of the Revised Code or the rules promulgated thereunder. All
fees for inspections, permits, and/or inspection seals are
non-refundable. (I) Placement of permit. The manufactured
home installation permit shall be conspicuously displayed on the front window
of the manufactured home and the installation permit can be seen from a
distance of twenty-five feet facing the frontage roadway, drive, or right of
way. The installation permit shall be kept on the installation site until the
inspector has issued and placed the inspection seal. Any plans, specifications,
manufacturer's installation manuals, manufacturer's equipment
specification sheets, cut-sheets, or any other documents pertinent to the
installation of the manufactured home shall be kept on site for the
inspector's review and use in the inspections to ensure that the
manufactured home installation complies with the division's rules. The
installer and the inspector shall agree on the placement of these documents to
be kept on site in a secured and safe location. It is the responsibility of the
installer to communicate with the inspector on the placement of these
documents. (J) Installation documents. The division may require the person
applying for the permit to provide the original and a copy of the approved
plans, approved alternative designs, or a copy of the manufacturer's
installation manual or any other installation documents the division requests
with each application for a permit. For the purpose of this rule, the term
"installation documents" means, but is not limited to, floor plans
and/or foundation design details. Designs contained in this standard, prepared
by the manufactured home manufacturer's design approval primary inspection
agency (DAPIA), or prepared by an Ohio registered engineer or architect shall
be submitted where required. Where special conditions exist, the inspector may
require additional documents to be prepared by an Ohio registered engineer or
architect. (K) Manufacturer's installation instructions for the
manufactured home, tie downs, anchors, plumbing, mechanical, gas, electrical
system details, and for any devices or proprietary systems used during the
installation or for other equipment or devices installed shall be kept on the
site. (L) Areas prone to flooding. For manufactured home parks, the
requirements under rule 4781-12-07.2 of the Administrative Code shall apply.
For manufactured homes in flood hazard areas not located in manufactured home
parks, the installer shall provide the following information: (1) Delineation of flood
hazard areas, floodway boundaries, and flood zones, and the design flood
elevations as appropriate; (2) The elevation of the
proposed lowest floor including basement; in areas of shallow flooding (AO
zones), the height of the proposed lowest floor including basement above the
highest adjacent grade; and grade; (3) The elevation of the
bottom of the lowest horizontal structural member in coastal high hazard areas
(v zone); (4) If design flood
elevations are not included on the community's flood insurance rate map,
the inspector and the applicant for the permit shall obtain design flood
elevation and floodway data available from other sources; and (5) Additional
requirements of the local flood plain authority or the Ohio department of
natural resources, division of water. (M) Site plan. The documents submitted with the application for
permit shall be accompanied by a site plan showing the size and location of the
manufactured home and existing structures on the site and distances from lot
lines. In the case of demolition, the site plan shall show construction to be
demolished and the location and size of existing structures and construction
that are to remain on the site or plot. (N) Before a permit is issued, the inspector shall examine or
cause to be examined documents for compliance with Chapter 4781. of the Revised
Code and the rules promulgated thereunder, the applicable standards, local
ordinances, and the building code. When the division issues a written permit,
the documents shall be approved in writing or by stamp. One set of documents so
reviewed shall be retained by the division. The other set shall be returned to
the applicant and shall be kept at the installation site and shall be open to
inspection by the inspector or his or her authorized
representative. (O) Amended construction documents. Amended construction
documents must be approved prior to the work being completed. Any work
performed prior to approval by the division is at the risk of the
owner/installer and may not get an approval. (P) Retention of documents. One set of approved installation
documents shall be retained by the division in accordance with the
division's records retention policy. (Q) Fees. (1) A permit shall not be
valid until all fees have been paid. Nor shall an amendment to a permit be
released until the additional fee, if any, has been paid. On electrical, gas,
mechanical, and plumbing system installations, a fee for each permit type shall
be paid in accordance with the schedule set forth in rule 4781-7-10 of the
Administrative Code unless preapproved in writing by the division. (2) If the installation
of a manufactured home has commenced or been completed prior to the application
for the permit or the issuance of a written permit by the division, the
division may assess an additional fee not to exceed the actual cost to
determine compliance but in no case shall exceed one and one-half times the
permit fee and the inspection fees. (3) There is no general refund policy,
however, the authority having jurisdiction may establish its own refund
policy.
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Rule 4781-7-10 | Fees.
Effective:
January 20, 2020
Non-refundable fees charged for plans reviews and inspections shall
be as follows: (A) The fee for plans review shall be
fifty dollars. (B) The fee for footing inspection shall be
one hundred dollars. (C) The fee for final inspection shall be one
hundred dollars. (D) The fee for electrical safety inspection
shall be one hundred dollars. (E) The fee for additional inspections to
ensure compliance with Chapter 4781. of the Revised Code and/or the rules
promulgated thereunder shall be one hundred dollars per additional inspection,
where the additional inspection is performed on a separate trip to the
manufactured home from the inspections in paragraph (A), (B), or (C) of this
rule. Examples of such additional inspections include but are not limited to:
re-inspections, existing footing inspections, site preparation inspections,
plumbing inspections, mechanical inspections, electrical inspections, sewer
connection inspections, and inspections as required by the inspector having
jurisdiction, or as requested by the licensed installer, homeowner, or
designee. (F) The fee for an inspection seal shall be
one hundred dollars. There is no fee for a replacement of the inspection
seal. (G) The fee for temporary occupancy permit
shall be seventy-five dollars. There is no fee for a replacement occupancy
permit. (H) All fees shall be paid by check or money
order payable to "Treasurer, State of Ohio" or by credit card. Any
payment of fees may be subject to a convenience fee as charged to the
division.
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Rule 4781-7-11 | Temporary manufactured home inspector certification for members of the military and their spouses.
Effective:
October 28, 2022
As provided in section 4743.041 of the Revised
Code, temporary certifications for manufactured home inspectors shall be issued
in accordance with Chapter 1301:3-9 of the Administrative Code.
Last updated October 28, 2022 at 12:56 AM
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