Chapter 4781-8 | Licensing

Rule 4781-8-01 | Installer licenses; application; identification cards and certificates.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) The division shall govern the issuance, revocation, and suspension of licenses to manufactured home installers. No person shall install a manufactured home in Ohio without having a valid license from the division except as provided for under rule 4781-8-05 of the Administrative Code.

(B) An application shall be on a form the division prescribes and shall provide the following information:

(1) A check or money order made payable to "Treasurer, State of Ohio," or payment by credit card in the amount set forth in paragraph (G) of this rule, along with any additional convenience fee set forth in paragraph (G) of this rule;

(2) Applicant's name and mailing address;

(3) Applicant's date of birth;

(4) A passport-size photograph with an original signature on the back, or a clear copy of a state driver's license or state identity card;

(5) A list of other states in which the applicant holds an installer's license and a copy of those licenses;

(6) A list of the five most recent manufactured homes or home components that the applicant has installed in Ohio, including the name, mailing address, and telephone number of the homeowner;

(7) Three references from persons who are licensed installers; retailers; manufacturers; or manufactured home park operators, design professionals, or certified manufactured home inspectors familiar with the applicant's installation work experience and competency;

(8) A notarized statement from a supervisor, or another responsible person, attesting to the applicant's experience installing manufactured homes for at least one year, including the name, mailing address, and telephone number of the applicant's supervisor, or another responsible person on the most recent project;

(9) A certificate of completion demonstrating that the applicant has completed an installation training course approved by the division within one year of the date of the application;

(10) Examination.

(a) The applicant shall take and pass the installation examination, as set forth in rule 4781-8-07 of the Administrative Code.

(b) The applicant shall provide evidence of passing the installation examination as set forth in rule 4781-8-07 of the Administrative Code.

(11) Evidence of compliance with section 4123.35 of the Revised Code with respect to the payment of premiums for workers' compensation. Evidence may include a legible copy of the workers' compensation certificate with number visible;

(12) A statement regarding felony convictions;

(13) Evidence that the applicant or his or her employer has insurance or a surety bond covering the applicant and issued by a company authorized to do such business in Ohio. The policy shall have terms and conditions approved by the division and shall contain the following provisions:

(a) Coverage in the form of a division -approved surety bond in the amount of twenty-five thousand dollars; or

(b) An installer may have an approved three hundred thousand dollar general liability policy if the applicant also has an approved ten thousand dollar surety policy; or

(c) General liability coverage in the amount of at least one million dollars.

(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) Upon approval of an applicant, the division shall prepare and provide each license holder a license identification card. No person shall make any alterations on a license identification card.

(1) The license shall contain the licensee's name, address, license number, date of expiration, and bear the signature of the superintendent or the superintendent's designee and be affixed with the state seal of the department of commerce. Official identification cards shall be proof of valid license and shall be made available upon request by any person at each installation.

(2) An identification card or license shall be reprinted by the division due to a licensee's name change, as long as the original is returned to the division along with a nonrefundable fee as set forth in paragraph (G) of this rule, if any.

(3) A fee for any application for license renewal in an amount as set forth in paragraph (G) of this rule.

(E) No installer's license shall be transferred to another person.

(F) A manufactured home installer's license by operation of law expires two years after the date of issuance as it falls into the division's prescribed renewal dates.

(G) Fees.

(1) The initial installer's license fee shall be two hundred fifty dollars.

(2) There shall be no fee to replace a license.

(3) The installer's renewal fee shall be two hundred fifty dollars.

(4) The installer's late renewal fee to be paid in addition to the renewal fee shall be one hundred dollars.

(5) Any payment of fees may be subject to a convenience fee as charged to the division.

Supplemental Information

Authorized By: 4781.04, 4781.14
Amplifies: 4781.04, 4781.08, 4781.14
Five Year Review Date: 1/20/2025

Rule 4781-8-02 | Non-resident installers.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) If an applicant for an Ohio installer's license lives in a state with which Ohio has entered into a reciprocal licensing agreement, the division may waive the testing and training requirements for a non-resident provided the applicant holds a valid manufactured homes installer's license issued by a state with which the division has entered into a reciprocal licensing agreement.

In such circumstance, the non-resident installer may apply for a license by submitting a division approved application for a license by reciprocity to the division that includes a copy of the applicant's current license and proof that the license is not under suspension or probation and has not been revoked, and shall be accompanied by a fee in the amount as set forth in rule 4781-8-01 of the Administrative Code. A non-resident installer application for licensure shall be reviewed by the division.

(B) If an applicant for an Ohio installer's license lives in a state with which Ohio has not entered into a reciprocal licensing agreement, the division, in its discretion, may issue an Ohio license to such non-resident applicant if:

(1) The applicant holds a license from a state that maintains licensure requirements considered by the division to be comparable to those of the state of Ohio;

(2) The applicant has submitted a completed division -approved application form to the division along with proof that the applicant's license has not been revoked and is not currently under suspension or any disciplinary sanctions;

(3) The applicant pays a nonrefundable fee in the amount set forth in paragraph (G) of rule 4781-8-01 of the Administrative Code;

(4) Passed the installer's examination as set forth in rule 4781-8-07 of the Administrative Code; and

(5) Obtains approval of the division to be licensed as an installer in Ohio.

(C) Applicants for Ohio licenses that do not live in states in which Ohio has a reciprocal licensing agreement, or live in states that the division has determined do not have comparable licensing requirements, shall apply for an Ohio license in accordance with rule 4781-8-01 of the Administrative Code and shall be required to meet all of the criteria for licensing in Ohio.

(D) All non-resident installers shall notify the division of any change in address or residency status. A licensed non-resident installer who establishes permanent residency in the state of Ohio shall, upon expiration of the non-resident license, be required to apply for a new license in accordance with rule 4781-8-01 of the Administrative Code.

Supplemental Information

Authorized By: 4781.04, 4781.14
Amplifies: 4781.04, 4781.08, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 1/1/2010

Rule 4781-8-03 | Denial, revocation, suspension of licenses.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) The division may deny, suspend, revoke, or refuse to renew the license of any manufactured home installer for any of the following reasons:

(1) Failure to meet the requirements for a license or renewal of a license under section 4781.08 of the Revised Code;

(2) Failure to meet the continuing education requirements for renewal of a license under section 4781.10 of the Revised Code;

(3) Violation of Chapter 4781. of the Revised Code or the rules promulgated thereunder;

(4) Misrepresent the applicant's qualifications or makes any misrepresentation in an application for a license or renewal of a license;

(5) Installing manufactured homes in Ohio without an active license or without being under the supervision of a licensed manufactured housing installer;

(6) Fail to cooperate in an investigation or fail to comply with any final adjudication order of the division issued pursuant to this chapter;

(7) 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. Disqualifying offenses must bear a direct nexus to the employment sought, as determined by the division or the division's designee. Disqualifying offenses include:

(a) Forgery (section 2913.31 of the Revised Code);

(b) Trademark counterfeiting (section 2913.34 of the Revised Code);

(c) Fraud (section 2913.40, 2913.42, 2913.45, 2913.47, 2913.48, or 2913.49 of the Revised Code);

(d) Receiving stolen property (section 2913.51 of the Revised Code);

(e) Bribery (section 2921.02 of the Revised Code);

(f) Theft in office (section 2921.41 of the Revised Code);

(g) Having an unlawful interest in a public contract (section 2921.42 of the Revised Code);

(h) Soliciting or accepting improper compensation (section 2921.43 of the Revised Code);

(i) Engaging in a pattern of corrupt activity (section 2923.32 of the Revised Code);

(j) Money laundering (division (A) of section 1315.55 of the Revised Code); or

(k) Criminal negligence (section 2901.21 of the Revised Code).

(8) Having had a license revoked or denied under paragraphs (A)(2) to (A)(13) of this rule, by the division during the preceding two years;

(9) Having had a license revoked, suspended, or denied by another state or jurisdiction within the preceding two years;

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

(11) Fail to provide written notification of installation to a county treasurer or auditor in violation of division (D) of section 4781.11 of the Revised Code;

(12) Violation of the code of ethics for manufactured home installers; or

(13) Fail to supervise an installation of an unlicensed person who is performing work on behalf of the licensee.

(B) In addition to or in lieu of suspending, revoking, or refusing to renew a manufactured home installer's license for violation of Chapter 4781. of the Revised Code or any rule adopted thereunder, the division may impose a fine not exceeding one thousand dollars per violation per day.

(C) Any person whose license or license application has been revoked, suspended, denied, not renewed, or upon whom a civil penalty is imposed under this rule may request an adjudication hearing on the matter. The request for an adjudication hearing must be received by the division within thirty days from the date the notice of the action was mailed. The hearing shall be held in accordance with Chapter 119. of the Revised Code. A licensee or applicant adversely affected by an adjudication order issued pursuant to this rule shall have a right to appeal pursuant to section 119.12 of the Revised Code.

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

(1) Any person whose license has been revoked may apply for a new license two years after the date on which the license was revoked.

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

(3) Any person whose license has been denied under paragraphs (A)(2) to (A)(13) of this rule may apply for a license two years after the date on which the license was denied.

(E) Upon revocation or non-renewal, the person shall return the license certificate and identification card to the division within three days after receipt of the notice of revocation or non-renewal.

Supplemental Information

Authorized By: 4781.04, 4781.14
Amplifies: 4781.04, 4781.08, 4781.09, 4781.121, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 1/1/2010

Rule 4781-8-04 | License renewal.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) A licensee shall apply for renewal prior to the date of expiration of the license. A licensee who installs manufactured homes in Ohio after the license has expired is in violation of paragraph (A) of rule 4781-8-01 of the Administrative Code.

(B) The division shall provide notice to the licensee of the need for renewal of the license. The notice and an accompanying renewal application shall be provided to the licensee by regular mail, facsimile, or email to the licensee's address in the division's records at least thirty days prior to the expiration of the license.

(C) The division may renew the license if the licensee meets the following requirements:

(1) Submits the renewal form and the renewal fee, or late fee as set forth in paragraph (G) of rule 4781-8-01 of the Administrative Code, if any, prior to the license date of expiration or, for applications completed on-line, by midnight on or before the date of expiration or earlier with the renewal fee;

(2) Signs a statement regarding felony or other criminal convictions;

(3) Demonstrates compliance with the requirements of Chapter 4781. of the Revised Code and rules promulgated thereunder;

(4) Provides proof of insurance as set forth in paragraph (B)(13) of rule 4781-8-01 of the Administrative Code;

(5) Meets the division's continuing education requirements.

(D) Late applications.

Any renewal application that is postmarked or completed on-line after the renewal deadline shall include the renewal fee and late fee, as set forth in paragraph (G) of rule 4781-8-01 of the Administrative Code.

(E) Each licensee who complies with the renewal requirements shall receive a new identification card and license with a new expiration date.

(F) Failure to timely renew.

(1) A licensee who fails to renew in accordance with the division's rules after the renewal deadline, shall be automatically placed on lapsed status. If a licensee fails to reactivate their license under lapsed status within twenty-four months, the licensee shall be required to reapply in accordance with rule 4781-8-01 of the Administrative Code including all applicable fees.

(2) "Good cause" waivers or extensions.

(a) The division may extend the renewal period and may waive the late renewal fee in cases of certified illness, disability, military service, foreign residence, or for good cause that prevents timely renewal. Waivers or extensions of time shall be determined by the division or its designee on a case-by-case basis.

(b) If the division grants an extension of time for renewal, the license shall not be reissued until the licensee has completed the renewal process required by the division.

(c) For the purpose of this rule, "good cause" means any non-reoccurring facts or circumstances outside the control of the licensee that hindered or prevented the licensee from renewing in a timely manner.

Supplemental Information

Authorized By: 4781.04, 4781.10, 4781.14
Amplifies: 4781.04, 4781.08, 4781.09, 4781.10, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 6/2/2011

Rule 4781-8-05 | Installation, foundation, and base support system construction work performed by unlicensed persons.

• Effective: January 20, 2020
• Promulgated Under: 119.03

Except as provided in rule 4781-8-05.1 of the Administrative Code, no person shall install a manufactured home or perform foundation and base support system construction in Ohio unless licensed by the division or under the supervision of a licensed installer. A licensed manufactured home installer will be responsible for any installation tasks, including foundation and base support system construction work, that an unlicensed person performs on a manufactured home.

Supplemental Information

Authorized By: 4781.04, 4781.14
Amplifies: 4781.04, 4781.11, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 11/1/2006

Rule 4781-8-05.1 | Installation performed by a homeowner.

• Effective: January 20, 2020
• Promulgated Under: 119.03

Notwithstanding rule 4781-8-05 of the Administrative Code, a homeowner may install a manufactured home for the person's own occupancy if the manufactured home is located on property that the person owns and the home is not located in a manufactured home park. The homeowners must be responsible for all work themselves; however, they may contract out portions of the work to a division-licensed installer who is currently active, and all contracted work must be identified and agreed upon, in writing, on a form prescribed by the division. The division reserves the right to investigate a complaint against a licensed installer for specific work performed if the scope of work is outlined as the installer's responsibility in writing.

Supplemental Information

Authorized By: 4781.04, 4781.14
Amplifies: 4781.04, 4781.11, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 1/1/2010

Rule 4781-8-06 | Education for applicants.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) General education requirements for installer's license applications.

(1) An applicant shall successfully complete twelve hours of initial licensing education as set forth in paragraph (A)(2) of this rule. The required education shall be completed within one year of the date of application. Credit shall only be given for courses that have been approved by the division.

(2) The curriculum of any initial licensing education course shall include instruction in the following areas:

(a) Ohio law governing manufactured home installation;

(b) Manufacturers' installation manuals and requirements;

(c) Preparation of manufactured home sites, including drainage;

(d) Installation of foundation systems, including calculation of loads from roof to column to footing, and calculation of footing size;

(e) Blocking, perimeter support, and leveling of manufactured homes;

(f) Connections of sections and components;

(g) Installation of anchoring systems and components;

(h) Installation of vapor barriers, curtain walls, access, and ventilation for crawl space areas;

(i) Instruction in all areas included on inspection checklists on forms provided by the division;

(j) Work place safety for installers; and

(k) Code of ethics for installers.

(3) Licensing courses shall help ensure that applicants possess the knowledge, skills, and competence necessary to function as manufactured homes installers in a manner that protects and serves the public interest.

(4) Any course that is to be conducted in Ohio or primarily for the benefit of Ohio applicants shall accurately and completely address any unique Ohio laws, codes, rules, customary practices, or approved methods, relevant to the subject matter being taught.

(5) No licensing course instructor shall instruct students in any manner or on any subject that is in contradiction to any statute, court decision, administrative rule, or order that has been issued by the division.

(B) Application of prospective training agencies to offer initial licensing education courses.

(1) Prospective training agencies of initial licensing courses shall follow the same application procedure set forth in rules 4781-9-01 and 4781-9-03 of the Administrative Code for prospective training agencies of continuing education courses, including payment of a nonrefundable fee of twenty-five dollars in the form of a 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. The division will not review applications that are not accompanied by all applicable fees.

(2) The division or its designee shall notify the prospective training agency whether it has been approved or disapproved within sixty business days after receipt of the application. The division shall approve applications that satisfy the requirements of rules 4781-9-01 to 4781-9-03 of the Administrative Code. A training agency is approved for a period of one year.

(C) Course fees.

(1) The training agency may establish a fee for students taking a course. The fee shall be all-inclusive, and no separate or additional fee may be charged to students for providing course materials, providing course completion certificates, reporting course completion to the division, or for recouping similar routine administrative expenses. The total amount of any fees to be charged shall be included in any advertising or promotional materials for the course.

(2) The fees for each initial licensing education course and for the annual approval of each training agency shall be the same as the fees described in rule 4781-9-05 of the Administrative Code.

(D) Advertising of courses; solicitation of students.

(1) Training agencies shall not use false or misleading advertisements. Advertising shall be in accordance with the provisions of rule 4781-9-01 of the Administrative Code.

(2) If the number of licensing education credit hours awarded by the division for a course is less than the number of scheduled hours for a course, then any advertisements or promotional materials must clearly specify the number of division -awarded credit hours for that course.

(3) Training agencies shall provide any prospective student with a description of the course content if requested.

(4) Training agencies shall specify their refund and cancellation policies in any promotional materials.

(5) Training agencies and instructors may have unapproved material, pamphlets, and brochures available for purchase by students, but classroom time may not be used to promote or sell any materials, or to solicit membership or affiliation in any business or organization.

(6) Distance learning courses shall comply with the provisions of rule 4781-9-03 of the Administrative Code for continuing education distance learning courses.

(E) Course scheduling; notice to the division.

(1) Courses shall be limited to a maximum of eight classroom hours of instruction per day. A classroom hour consists of at least fifty minutes of instruction. The maximum amount of instruction time without a break is limited to ninety minutes, and any course scheduled for four or more hours must include a meal break of at least one hour. The provisions of this rule do not apply to self-paced distance learning courses.

(2) At least ten days before commencement of a schedule course, written notice shall be provided informing the division of the scheduled course, including the training agency's name and assigned number, the name and assigned number for the course, the scheduled date and time, specific location(s), and the name of the instructor.

(3) If there are schedule changes or a cancellation of a course, then at least five calendar days before the originally scheduled course start date, the division shall be given notice of the changes or cancellation. If the change or cancellation is due to unforeseen circumstances, then the training agency shall notify the division the next business day.

(F) Training agencies shall comply with the requirements of paragraph (K) of rule 4781-9-01 of the Administrative Code for students with disabilities.

(G) Course completion reporting.

(1) A training agency shall provide to the division a roster of all individuals that have successfully completed an approved initial licensing education course and the fees required by paragraph (B) of this rule. The roster and the required fees must be submitted within fourteen business days of the date of completion of the course. The roster shall be provided to the division on the form prescribed by the division or via any other means of electronic transmission that the division deems appropriate. The training agency shall maintain a copy of every roster for a period of three years after each course is held. Failure to properly report may result in revocation of approval or non-renewal of a training agency or course for initial licensing education.

(2) The training agency shall also provide a certificate of completion to the student who satisfactorily completes a course within fifteen days of completing the course. The certificate may be used by the applicant as proof of having completed the course.

(3) The division shall be provided reports on any applicant who does not satisfactorily complete a course. The training agency shall not provide a certificate of completion, or report the student as having completed the course, if the student fails to satisfy the requirements of this rule.

Supplemental Information

Authorized By: 4781.04, 4781.10, 4781.14
Amplifies: 4781.04, 4781.08, 4781.10, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 1/1/2010, 6/2/2011

Rule 4781-8-07 | Examination for installers or inspectors.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) An applicant to become a licensed manufactured home installer or certified manufactured home inspector shall contact and arrange with an approved state licensing examination provider for taking the examination. The applicant shall receive a passing score on the state exam within one year of the date of the application.

(B) The state licensing or certification examination shall include, but not be limited to:

(1) Ohio law governing manufactured home installations;

(2) Manufacturer installation manuals and requirements;

(3) Preparation of the manufactured home site, including drainage;

(4) Installation of foundation systems, including calculation of loads from roof to column to footing and calculation of footing size;

(5) Blocking, perimeter support, and leveling of manufactured homes;

(6) Connections of sections and components;

(7) Installation of anchoring systems and components;

(8) Installation of vapor barriers, curtain walls, access, and ventilation for crawl space areas;

(9) Instruction in all areas included on inspection checklists as provided by the division;

(10) Work place safety for installers or inspectors; and

(11) Code of ethics for installers or code of ethics for inspectors, whichever is applicable.

(C) Examination report.

(1) The licensing or certification examination provider shall provide the division with a report of all examination results within fifteen business days of the examination. The report shall contain the following:

(a) The date of the exam;

(b) The applicant's name and date of birth;

(c) The applicant's mailing address, and day-time telephone number;

(d) All examination pass or fail results.

(2) The examination provider may notify the applicant of their own results of the examination; however, only the report sent directly to the division shall be used to determine if the applicant has attained a passing score on the examination.

(D) A minimum score of seventy per cent on the examination, in addition to compliance with the requirements of rule 4781-9-01 of the Administrative Code is required before the division may issue a license to an applicant. The division or its designee shall notify any individual who has failed to attain a minimum score of seventy per cent.

(E) The testing agency shall provide an examination under the following conditions:

(1) The examination shall be subject to review by the division or its designee;

(2) The examination shall have documented statistically justifiable, objective, and valid questions;

(3) The examination shall use multiple versions of the examination and its questions;

(4) The testing agency shall be able to ensure the security of the examination and its questions;

(5) The testing agency shall verify the identity of the individual taking the examination;

(6) The examination shall be multiple-choice;

(7) The examination shall contain items from each of the subject areas discussed in the installation class requirements and the inspection checklists;

(8) Locations for examinations shall have seating availability such that any applicant who is an Ohio resident shall be able to take an exam at a location within one hundred miles of the applicant's Ohio residence within a three-month period; and

(9) Regardless of additional locations, examinations shall be offered in Franklin county a minimum of four times a year.

Supplemental Information

Authorized By: 4781.04, 4781.14
Amplifies: 4781.04, 4781.08, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 9/12/2006

Rule 4781-8-08 | Complaints against licensees.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) Any person who believes that a licensee has violated any provision of Chapter 4781. of the Revised Code or rules promulgated thereunder, may notify the division in writing or by phone.

(B) Upon receipt of a complaint against a licensee, the division or its designee shall follow the following procedure:

(1) Review the complaint to determine if further information or investigation is needed; or

(2) If further investigation is needed, the division or its designee shall investigate the matter and report its initial findings to the superintendent or his or her designee who shall then make a determination whether the complaint should be:

(a) Closed with no further action;

(b) Referred for further investigation; or

(c) Referred for disciplinary action against a licensee.

(C) The division or its designee may initiate an investigation of a licensee on its own motion to determine whether the licensee is in compliance with Chapter 4781. of the Revised Code and the rules promulgated thereunder.

Supplemental Information

Authorized By: 4781.04, 4781.14
Amplifies: 4781.04, 4781.121, 4781.14
Five Year Review Date: 1/20/2025

Rule 4781-8-09 | Examination development and sponsor.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) The division may contract with recognized national testing service providers to administer the examinations for the Ohio manufactured homes installer license and the Ohio manufactured homes inspector certification. The examinations shall demonstrate that the applicant has knowledge of Chapter 4781. of the Revised Code and the rules promulgated thereunder. The division may, at any time, review the content of the examinations.

(B) Each examination provider shall ensure that:

(1) Examinations shall consist of statistically justifiable, objective, and valid multiple-choice questions that address each of the subject areas covered in the installation training course and division-approved inspection checklists;

(2) Each examination shall have multiple versions, each of which shall be of equal validity, objectivity, and difficulty;

(3) Examinations shall be kept in a secure location;

(4) The identity of the individual taking the examination shall be verified;

(5) The examination shall be designed so as to take an installer or inspector of average ability no more than two hours to complete the examination; and

(6) Within fifteen business days after completion of the examination, the division shall be provided with the examination results for each applicant.

(C) Locations for examinations.

(1) The installer examination and inspector examination shall be offered in Franklin county no less than four times in each calendar year.

(2) In addition to the requirement set forth in paragraph (C)(1) of this rule, the examinations may at the discretion of the division also be offered in as many other Ohio counties as is necessary to ensure that applicants have the option, at least once every three months, to take the examination at a location that is no more than one hundred miles from their Ohio residence.

(3) All examinations shall be conducted in facilities that:

(a) Accommodate all enrolled applicants for the examination comfortably;

(b) Shall be equipped with student desks, worktables with chairs, or other seating arrangements that provide a surface whereby the applicants can sit and write;

(c) Have sufficient light, heat, cooling, and ventilation;

(d) Have, if necessary, a public address system such that all applicants can hear examination instructions and announcements;

(e) Shall be free of distractions that could disrupt the examination; and

(f) Comply with the "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12101, or other laws requiring examination providers to accommodate persons with disabilities.

Supplemental Information

Authorized By: 4781.04, 4781.14
Amplifies: 4781.04, 4781.06, 4781.08, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 9/12/2006

Rule 4781-8-10 | Code of ethics for licensed manufactured home installers.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) General.

(1) To safeguard the health and safety of the public and the state of Ohio and to maintain integrity and high standards of skills and practice in the manufactured home installer industry, the following rules of professional conduct, promulgated in accordance with Chapter 4781. of the Revised Code, shall be binding upon every person holding a license as a manufactured home installer in Ohio.

(2) The manufactured homes installer is charged with having knowledge and understanding of Chapter 4781. of the Revised Code and rules promulgated thereunder for his or her conduct as an installer. Such knowledge shall encompass the understanding that the installation of manufactured homes is a privilege, as opposed to a right, and the licensee shall be forthright and candid in statements or written responses to the division or its designee on matters pertaining to professional conduct.

(B) Code of ethics for manufactured homes installers.

(1) The manufactured home installer shall protect the health and safety of the public and colleagues in the performance of professional duties. If a situation arises that threatens the health and safety of the public or the installer's colleagues, the installer shall:

(a) If an inspector advises an installer of a situation or deficiency, the installer shall correct the situation or deficiency immediately and notify the person or entity that gave rise to the situation that correction is required;

(b) Refuse to proceed with the installation involved;

(c) Notify the proper authority, if in the installer's opinion, the situation is significantly important or dangerous; and

(d) Immediately notify the division if the situation involves the professional conduct of another licensee and/or inspector.

(2) The manufactured home installer shall undertake only those assignments that the licensee is qualified by training, education, and experience to perform. An installer must submit an estimate of the cost of an installation prior to undertaking performance. The installer must provide a homeowner-installer agreement on a form prescribed by the division prior to commencement of work. If the competence of an installer comes into question, the division shall require that licensee to cooperate in any investigation by the division.

(3) It shall be the duty of every installer who performs work on the installation of the manufactured home, including but not limited to, structure, foundation, tie downs, blocking, leveling, weatherproofing, electrical, gas, plumbing, sewer connections, or mechanical systems, to guarantee that the work complies with Chapter 4781. of the Revised Code and the rules promulgated thereunder.

(4) The manufactured home installer shall only express an opinion as a technical or expert witness before any court or quasi-judicial proceeding regarding the subject matter of manufactured housing, if the installer's opinion is based on adequate information, a competent technical background on the subject matter, and upon an honest conviction as to the propriety of the opinion.

(5) The manufactured home installer shall at all times act with complete integrity for each client and shall be honest in all dealings with customers and the public.

(6) The manufactured home installer shall respond promptly to all complaints.

(7) The manufactured home installer shall maintain current knowledge of the products, methods, techniques, and technology associated with the installation of manufactured homes and with related business practices.

(8) The manufactured home installer shall recognize and not fail in his or her responsibility to supervise unlicensed installers, or knowingly permit unlicensed installations to occur without the supervision of a licensed installer.

(9) The manufactured home installer who has knowledge or reason to believe that another person or firm is guilty of violating any of the provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder, shall immediately notify the division.

(10) The manufactured home installer shall not, directly or indirectly, pay, solicit, or offer any bribe or payment for professional employment or to influence inspection results.

(11) The manufactured home installer shall not falsify or permit misrepresentations of his or her professional qualifications, and shall not misrepresent or exaggerate the responsibility or the skills and competency required for any employment or any installations.

(12) The manufactured home installer shall ensure that any advertisements, brochures, or other solicitations for employment do not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or past accomplishments with the purpose of enhancing qualifications or work experience.

(C) Conviction of a felony or the revocation or suspension of a license in another jurisdiction for conduct that would violate any part of this rule if it occurred in the state of Ohio may be grounds for the division to charge the licensee with a violation of this rule.

(D) A person shall return his or her license and identification card to the division within three business days after receipt of notice of revocation, or non-renewal.

Supplemental Information

Authorized By: 4781.04, 4781.14
Amplifies: 4781.04, 4781.09, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 1/1/2010

Rule 4781-8-11 | Adjudication hearings.

• Effective: January 20, 2020
• Promulgated Under: 119.03

(A) General.

The division shall determine the need for adjudication hearings in accordance with sections 119.06 to 119.13 of the Revised Code.

(1) After a denial, revocation, or suspension of a license issued pursuant to Chapter 4781. of the Revised Code, the division shall notify the licensee or applicant of his or her right to request a hearing. The notice shall be in writing and sent by certified mail, return receipt requested.

(2) The notice shall include:

(a) The charges or reasons for the denial, suspension, or revocation;

(b) The applicable laws or rules directly involved; and

(c) A statement informing the licensee or applicant that:

(i) The licensee or applicant is entitled to a hearing if the request for a hearing is received by the division within thirty days from the date the notice of the action was mailed;

(ii) The licensee or applicant may appear in person or be represented by an attorney;

(iii) The licensee or applicant may choose to present their position, argument, or contentions in writing; and

(iv) The licensee or applicant may present evidence, examine witnesses appearing on the licensee or applicant's behalf, and cross-examine the division's witnesses at the hearing.

(3) If the division receives a request for hearing within thirty days from the date the notice of action was mailed, the division or its superintendent shall immediately set the date, time, and location of the hearing. The date set for hearing shall be within seven and fifteen days of receiving the request for hearing, unless continued by the division on its own motion or continued by agreement of both parties.

(4) The superintendent may issue subpoenas for any witnesses or to compel the production of any books, records, or papers in accordance with Chapter 119. of the Revised Code upon request of the licensee, applicant, or legal counsel to the division. Such request for subpoenas shall be made no later than fourteen days prior to the date of the adjudication hearing, if the party requesting the subpoena is notified of the hearing date more than fourteen days before the hearing is scheduled. If the party requesting the subpoena is notified of the hearing date less than fourteen days before the hearing is scheduled, he or she shall notify the superintendent or the superintendent's designee of his or her desire to request a subpoena. The superintendent or his or her designee shall then determine whether sufficient time remains before the hearing to issue the subpoenas being requested or whether the hearing should be continued. The service and enforcement of subpoenas shall be made in accordance with Chapter 119. of the Revised Code.

(5) A licensee, applicant, or representative of the licensee or applicant may request a continuance of the scheduled hearing by submitting a written request no later than fourteen days prior to the scheduled hearing date, or within three days of receipt of notice of the hearing date, whichever is later. The superintendent or his or her designee may grant a continuance upon good cause.

Supplemental Information

Authorized By: 4781.04, 4781.14
Amplifies: 4781.04, 4781.09, 4781.121, 4781.14
Five Year Review Date: 1/20/2025
Prior Effective Dates: 1/1/2010

Rule 4781-8-12 | Temporary manufactured home installer license for members of the military and their spouses.

• Effective: October 28, 2022
• Promulgated Under: 119.03

As provided in section 4743.041 of the Revised Code, temporary licenses for manufactured home installers shall be issued in accordance with Chapter 1301:3-9 of the Administrative Code.

Last updated October 28, 2022 at 5:34 AM

Supplemental Information

Authorized By: 4781.04, 4743.041, 5903.04
Amplifies: 4781.04, 4781.08, 4743.041, 5903.04
Five Year Review Date: 1/20/2025