Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-01 - General provisions and requirements for manufactured housing dealer, manufactured housing broker, and manufactured housing salesperson licensure

Current through all regulations passed and filed through July 1, 2024
(A) The commission
			 shall govern the issuance, revocation, and suspension of licenses to
			 manufactured housing dealers, manufactured housing brokers, and salespersons.
(B) For purposes of division
			 4781:11 of the Administrative Code, the following definitions shall apply:
(1) "Manufactured home" has the same meaning
			 as in division (C)(4) of section
			  3781.06 
			 of the Revised Code.
(2)
			 "Manufactured housing" means manufactured homes and mobile homes.
(3) "Mobile home" has the same meaning as in
			 division (O) of section
			  4501.01 
			 of the Revised Code.
(4)
			 "Business" includes any activities engaged in by any person for the object of
			 gain, benefit, or advantage either direct or indirect.
(5) "Casual sale" means any transfer of a
			 manufactured home or mobile home by a person other than a manufactured housing
			 dealer, manufactured housing salesperson, or manufacturer to an ultimate
			 consumer or a person who purchases the home for use as a residence.
(6) "Engaging in business" means commencing,
			 conducting, or continuing in business, or liquidating a business when the
			 liquidator thereof holds self out to be conducting such business; making a
			 casual sale or otherwise making transfers in the ordinary course of business
			 when the transfers are made in connection with the disposition of all or
			 substantially all of the transferor's assets is not engaging in business.
(7) "Manufactured home park
			 operator" has the same meaning as "operator" in section
			 
									
										4781.01
									 of the Revised Code.
(8)
			 "Manufactured housing broker" means any person acting as a selling agent on
			 behalf of an owner of a manufactured home or mobile home that is subject to
			 taxation under section
			  4503.06 
			 of the Revised Code.
(9)
			 "Manufactured housing dealer" means any person engaged in the business of
			 selling at retail, displaying, offering for sale, or dealing in manufactured
			 homes or mobile homes.
(10)
			 "Manufacturer" means a person who manufactures, assembles, or imports
			 manufactured homes or mobile homes.
(11)
									 "Person" has
			 the same meaning as in section
			  1.59  of the
			 Revised Code and also includes this state, any political subdivision of this
			 state, and any other state or local body of this state.
(12)
									 "Retail sale" or "sale at retail" means the act
			 or attempted act of selling, bartering, exchanging, or otherwise disposing of a
			 manufactured home or mobile home to an ultimate purchaser for the use as a
			 residence.
(13)
									 "Salesperson"
			 means any individual employed by a manufactured housing dealer or manufactured
			 housing broker to sell, display, and offer for sale, or deal in manufactured
			 homes or mobile homes for a commission, compensation, or other valuable
			 consideration, but does not mean any public officer performing official duties.
(14)
									 "Ultimate
			 purchaser" means, with respect to any new manufactured home, the first person,
			 other than a manufactured housing dealer purchasing in the capacity of a
			 manufactured housing dealer, who purchases such new manufactured home for
			 purposes other than resale.