reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-9 - Continuing Education › Section 4781-9-02 - Continuing education requirements - reporting

Current through all regulations passed and filed through July 1, 2024
(A)
								An approved
			 training agency shall provide to the division a roster of all individuals
			 holding a license pursuant to Chapter 4781. of the Revised Code that completed
			 an approved continuing education course or program of instruction and the fees
			 required by rule 4781-9-05 of  the Administrative Code. The roster and the required fees must be submitted within fourteen business days of the date of completion of the course or program of instruction. The roster shall be provided to the division on the form prescribed by 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.
(B)
								An individual holding a license or certificate pursuant
			 to Chapter 4781. of the Revised Code that falsifies information pertaining to
			 the completion of the continuing education requirements may be subject to
			 disciplinary action against their license or certification pursuant to rule 4781-8-03 or  4781-7-02 of  the Administrative Code, respectively.
(C)
								An approved
			 training agency that fails to notify the division of the date, time, and place
			 of the continuing education course/program; falsely reports attendance; or
			 falsely reports the number of hours attended by a licensee or completion of an
			 approved continuing education course/program by a licensee may be removed from
			 the approved training agency list maintained by the division or its
			 designee.
Replaces: 4781-9-02, 4781-9-03
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-9 - Continuing Education › Section 4781-9-04 - Instructor requirements

Current through all regulations passed and filed through July 1, 2024
(A) All continuing
			 education instructors shall possess the ability to:
(1) Present instruction in a thorough,
			 accurate, logical, orderly, and understandable manner;
(2) Use varied instructional techniques in
			 addition to straight lecture, such as class discussion and role-playing;
			 and
(3) Use instructional aids,
			 such as computer-based slide shows, an overhead
			 projector, or the like to enhance learning.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-9 - Continuing Education › Section 4781-9-05 - Continuing education fees

Current through all regulations passed and filed through July 1, 2024
(A)
								The fees for each continuing education course and for
			 the annual approval of each training agency are as follows:
(1)
									A nonrefundable
			 fee of ten dollars plus one dollar per credit hour for each course application
			 submitted but not to exceed one hundred fifty dollars;
(2)
									A nonrefundable
			 renewal fee, not to exceed seventy-five dollars, for the annual renewal of
			 course approval;
(3)
									A nonrefundable fee of one dollar per credit hour of
			 instruction per attendee; and
(4)
									A nonrefundable
			 fee of twenty-five dollars for each training agency application
			 submitted.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-9 - Continuing Education › Section 4781-9-06 - Non-resident licensees and continuing education credit

Current through all regulations passed and filed through July 1, 2024
(A) A non-resident licensee shall meet the
			 requirements for continuing education as set forth in rule 4781-9-01 of  the Administrative Code. If a non-resident licensee resides in a state requiring continuing education for a manufactured home installer license, the courses or continuing education in the state of residence may be considered by the division for approval in Ohio on a course-by-course
			 basis.
(B) Any non-resident
			 licensee who seeks to have the division
			 consider non-division approved courses, including those
			 that
			 have taken place outside of the state of Ohio, may apply to the
			 division to receive credit for the continuing
			 education obtained in another state, by submitting an application on a form
			 prescribed by the division. The application shall contain all of the
			 information as required under paragraph (B) to rule 4781-8-02 of  the Administrative Code and shall be accompanied by a nonrefundable fee in the amount of fifty dollars, by check or money order, made payable to the "Treasurer, State of Ohio," or by credit card. Any  payment of fees may be subject to a
			 convenience fee as charged to the division.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-10 - Dispute Resolution › Section 4781-10-01 - Dispute resolution

Current through all regulations passed and filed through July 1, 2024
(A) Definitions.
			 For purposes of this rule:
(1) "Defect" means
			 any problem in the performance, construction, components, or material of the
			 home that renders the home or any part of it not fit for the ordinary use for
			 which it was intended including but not limited to a defect in the
			 construction, safety, or installation of the home, or which does not meet
			 standards
			 set forth in the Manufactured Home Construction and Safety Standards (MHCSS),
			   24 C.F.R. 3280  (April 1, 2019). A defect is not a minor cosmetic
			 item.
(2) "Date of installation"
			 for a new manufactured home means the date the manufactured home has passed
			 inspection and is ready for occupancy, and the first person purchasing the home
			 in good faith for purposes other than resale takes possession. The date of
			 installation for a used manufactured home means the date the manufactured home
			 has passed inspection and is ready for occupancy,
			 and the person purchasing the home in good faith for purposes other than resale
			 takes possession. For a relocated manufactured home, that has not changed
			 hands, the date of installation means the date the manufactured home has passed
			 inspection and is ready for occupancy.
(3) "Warranty issue" for the purposes of
			 dispute resolution, means any item covered by the original written warranty
			 offered by the manufacturer, retailer, or installer related to the original
			 purchase agreement or sales contract, but does not include any extended
			 warranty on an item, whether the extended
			 warranty was offered by the manufacturer, installer,
									 retailer, or
			 others.
(4)
									"Division" means the division of industrial compliance in
			 the Ohio department of commerce.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-01.1 - Code of ethics for manufactured home dealers, brokers, and salespersons

Current through all regulations passed and filed through July 1, 2024
(A)
								 General
(1)
									 To safeguard the
			 health and safety of the public and the state of Ohio, to maintain integrity
			 and high standards of skills and practice in the sale of manufactured homes,
			 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 dealer, broker, or salesperson in Ohio.
(2)
									 The
			 manufactured home dealer, broker, or salesperson is charged with having
			 knowledge and understanding of Chapter 4781. of the Revised Code and its rules
			 for his or her conduct. Such knowledge shall encompass the understanding that
			 the sale of manufactured homes, is a privilege, as opposed to a right, and the
			 licensee shall be forthright and candid in statements or written responses to
			 the commission or its designee on matters pertaining to professional
			 conduct.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-02 - Denial of licensure

Current through all regulations passed and filed through July 1, 2024
(A)
								 The executive
			 director of the commission or the commission shall deny the application of any
			 person for a license as a manufactured housing dealer or manufactured housing
			 broker and refuse to issue the license if the executive director of the
			 commission or the commission finds that any of the following is true of the
			 applicant:
(1)
									
			 The applicant has made any false statement of a material fact in the
			 application.
(2)
									 The applicant has not complied with Chapter 4781. of
			 the Revised Code or the rules adopted by the commission under that
			 chapter.
(3)
									 The applicant is of bad business repute or has
			 habitually defaulted on financial obligations.
(4)
									 The applicant
			 has been guilty of a fraudulent act in connection with selling or otherwise
			 dealing in manufactured housing or in connection with brokering manufactured
			 housing.
(5)
									 The applicant has entered into or is about to enter
			 into a contract or agreement with a manufacturer or distributor of manufactured
			 homes that is contrary to the requirements of this chapter.
(6)
									 The applicant is
			 insolvent.
(7)
									 The applicant is of insufficient responsibility to
			 ensure the prompt payment of any final judgments that might reasonably be
			 entered against the applicant because of the transaction of business as a
			 manufactured housing dealer or manufactured housing broker during the period of
			 the license applied for, or has failed to satisfy any such judgment.
(8)
									 The
			 applicant has no established place of business that, where applicable, is used
			 or will be used for the purpose of selling, displaying, offering for sale or
			 dealing in manufactured housing at the location for which application is
			 made.
(9)
									 Within less than twelve months prior to making
			 application, the applicant has been denied a manufactured housing dealer's
			 license or manufactured housing broker's license, or has had any such license
			 revoked.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-03 - License issuance

Current through all regulations passed and filed through July 1, 2024
At the time the commission or the
				executive director of the commission grants the application of any person for a
				license as a manufactured housing dealer, manufactured housing broker, or
				manufactured housing salesperson, the commission shall issue to the person a
				license that includes the name and post-office address of the person licensed.
				If a manufactured housing dealer or manufactured housing broker has more than
				one place of business in a county, the dealer or broker shall make application,
				in such form as the commission prescribes, for a certified copy of the license
				issued to the dealer or broker for each place of business in the county.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-04 - Replacement license

Current through all regulations passed and filed through July 1, 2024
In the event of the loss, mutilation,
				or destruction of a manufactured housing dealer's license, manufactured housing
				broker's license, or manufactured housing salesperson's license, any licensee
				may make application to the commission, in the form prescribed by the
				commission, for a duplicate copy thereof and pay a fee of twenty-five
				dollars.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-05 - License renewal

Current through all regulations passed and filed through July 1, 2024
(A) All manufactured housing dealers'
			 licenses and all manufactured housing brokers'
licenses, issued or renewed shall expire biennially on the
				thirty-first day of March, unless 
									previously suspended or revoked. Before the first
				day of April in the year that the license expires, each licensed manufactured
				housing dealer and manufactured housing broker shall file an application for
				the renewal of such license prior to the date of
				expiration of the license. The fee required for renewal of a license
				shall be the same fee as that charged for the issuance of an original license
				at the time of application and shall accompany the application.
(B) All manufactured housing
			 salespersons' licenses issued or renewed shall expire biennially on the
			 thirtieth day of June, unless 
								previously suspended or revoked. Before the first
			 day of July in the year that the license expires, each licensed manufactured
			 housing salesperson shall file an application for the renewal of such license.
			 The fee required for renewal of a license shall be the same fee as that charged
			 for the issuance of an original license at the time of application and shall
			 accompany the application.
(C)
								 The commission shall provide the licensee the renewal
			 form. 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 commission's records at least thirty days prior to the expiration of the
			 license.
(D)
								 The commission 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 rule 4781-11-01 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; and
(3)
									 Demonstrates
			 compliance with the requirements of Chapter 4781. of the Revised Code and
			 commission rules.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-06 - Display of license

Current through all regulations passed and filed through July 1, 2024
Each manufactured housing dealer and
				manufactured housing broker shall keep the license or a certified copy thereof
				and a current list of the dealer's or the broker's licensed salespersons,
				showing the names, addresses, and serial numbers of their licenses, posted in a
				conspicuous place in each place of business. Each salesperson shall carry the
				salesperson's license or a certified copy thereof and shall exhibit such
				license or copy upon demand to any inspector of the commission, state highway
				patrol trooper, police officer, or person with whom the salesperson seeks to
				transact business as a manufactured housing salesperson.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-07 - Notification of change of information

Current through all regulations passed and filed through July 1, 2024
(A)
								 Each licensed
			 manufactured housing dealer and manufactured housing broker shall notify the
			 manufactured homes commission of any change in status as a manufactured housing
			 dealer or manufactured housing broker during the period for which the dealer or
			 broker is licensed, if the change of status concerns either of the
			 following:
(1)
									
			 Personnel of owners, partners, officers, or directors;
(2)
									 Location of an
			 office or principal place of business.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-08 - Written contract requirements

Current through all regulations passed and filed through July 1, 2024
(A) Every retail sale of a manufactured home
			 or mobile home shall be preceded by a written contract that shall contain all
			 of the agreements of the parties and shall be signed by the buyer and the
			 seller. The seller, upon execution of the contract and before the delivery of
			 the manufactured or mobile home, shall deliver to the buyer a copy of the
			 contract that shall clearly describe all of the following:
(1) The home sold to the buyer, including,
			 where applicable, its vehicle identification number;
(2) The sale price of the home, and, if
			 applicable, the amount paid down by the buyer;
(3) The amount credited to the buyer for any
			 trade-in and a description thereof;
(4) The amount of any finance charge;
(5) The amount charged for any
			 home insurance and a statement of the types of insurance provided by the policy
			 or policies;
(6) The amount of any
			 other charge and a specification of its purpose;
(7) The net balance of payment due from the
			 buyer including the terms of the payment of the net balance.
(8)
									 The
			 circumstances related to the requirement of an earnest money deposit,
			 including, but not limited to, the amount and the terms and conditions under
			 which the earnest money deposit is refundable.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-09 - Manufactured housing dealer net worth and bond requirement

Current through all regulations passed and filed through July 1, 2024
No manufactured housing dealer shall be issued a manufactured
				housing dealer's license or permitted to operate under such a license unless
				the manufactured housing dealer has a net worth, verifiable upon request by the
				commission, in the sum of at least seventy-five thousand dollars. The
				manufactured housing dealer shall also purchase and maintain a bond in the
				amount of twenty-five thousand dollars of a surety company authorized to
				transact business in this state, to which claims may be made to:
(A) Recover any loss a purchaser(s) or prospective purchaser(s) may experience from a loss
			 of their financial down payment due to the dealer's inability to fulfill its
			 contractual obligations to the purchaser(s) or potential purchaser(s);
								 and
(B) Recover any loss incurred by the
			 purchaser, or prospective purchaser, as a result of a
			 conviction of a fraudulent act
			 in a court of competent jurisdiction committed by
			 the applicant, licensee, representative, or salesperson.
Five Year Review (FYR) Dates:
				11/06/2015 and
				11/06/2020
Promulgated
				Under:
				119.03
Statutory Authority:
				4781.04
Rule Amplifies:
				4781.18(A)(7)
Prior Effective Dates:
				07/01/2010, 06/02/2011
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-10 - Manufactured housing broker bond requirements

Current through all regulations passed and filed through July 1, 2024
Every applicant for a manufactured housing broker license and
				every licensed manufactured housing broker shall purchase and maintain a bond
				in the amount of twenty-five thousand dollars of a surety company authorized to
				transact business in this state, to which claims may be made to:
(A) Recover any loss a purchaser or
			 prospective purchaser may experience concerning the down payment toward the
			 purchase of a manufactured housing;
(B) Recover any loss a purchaser or
			 prospective purchaser may experience as a result of the misuse by the
			 manufactured housing broker of a noninterest-bearing special or trust account
			 of deposits or of any funds that are legally required to be deposited therein;
(C) Satisfy any person who suffers
			 a loss because taxes were not collected or paid by the manufactured housing
			 broker on the purchase of manufactured housing;
(D) Recover any loss incurred by the
			 purchaser or prospective purchaser, as a result of a
			 conviction of a fraudulent act
			 in a court of competent jurisdiction committed by
			 the applicant, licensee, representative, or salesperson.
Five Year Review (FYR) Dates:
				8/29/2019 and
				08/27/2024
Promulgated
				Under:
				 119.03
Statutory Authority:
				 4781.04,
				 4781.25
Rule Amplifies:
				 4781.25
Prior Effective Dates: 07/01/2010,
				06/02/2011
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-11 - Manufactured housing broker handling of trust account funds

Current through all regulations passed and filed through July 1, 2024
(A)
								Each person
			 licensed as a manufactured housing broker shall maintain a special or trust
			 bank account that shall be designated by the depository in which the account is
			 located, and all deposit tickets and checks drawn on said account shall bear
			 the words "escrow," "special," or "trust" account. The manufactured housing
			 broker shall deposit and maintain all escrow funds, security deposits, and
			 other moneys received by the manufactured housing broker in a fiduciary
			 capacity. The depository where special or trust accounts are maintained in
			 accordance with this rule shall be located in Ohio.
(B)
								Upon renewal,
			 every licensed manufactured housing broker shall submit written proof to the
			 division of real estate and professional licensing of the continued maintenance
			 of the special or trust account required to be maintained by this chapter. The
			 written proof shall set forth that:
(1)
									The special or trust bank account is
			 noninterest-bearing;
(2)
									The dates of existence of the account;
			 and
(3)
									The name and address of the depository where the
			 special or trust accounts are maintained.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-12 - Salesperson license suspension, reinstatement, and transfer

Current through all regulations passed and filed through July 1, 2024
(A) Any salesperson's license shall be
			 suspended upon:
(1) The termination,
			 suspension, or revocation of the license of the manufactured housing dealer or
			 manufactured housing broker for whom the salesperson is acting; or
(2) The salesperson leaving the service of a
			 licensed manufactured housing dealer or manufactured housing broker.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-13 - Investigation initiation

Current through all regulations passed and filed through July 1, 2024
(A)
								 The commission
			 may, upon its own motion, investigate any license holder for alleged violations
			 of law or of the rules of this commission. If such investigation discloses any
			 such violations, such license holder shall be informed that reasonable grounds
			 for suspension or revocation of the license exist.
(B)
								 The commission
			 shall, upon verified written complaint of any person filed with the commission,
			 investigate as to the matters complained of, and if such investigation develops
			 any apparent violation of the laws or of the rules of this commission, such
			 license holder shall be informed that reasonable grounds for suspension or
			 revocation of the license exist.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-14 - Complaint procedure and investigation initiation

Current through all regulations passed and filed through July 1, 2024
(A)
								Any person who
			 believes that a manufactured housing dealer, a manufactured housing broker, a
			 manufactured housing salesperson, or any unlicensed person has violated any
			 provision of Chapter 4781. of the Revised Code or the division of real estate
			 and professional licensing rules, may file a written complaint with the
			 division.
(B)
								The superintendent may, upon the superintendent's own
			 motion, investigate any license holder or unlicensed person for alleged
			 violations of Chapter 4781. of the Revised Code or the division rules. Upon
			 receipt of a written complaint, or upon the superintendent's own motion, the
			 division shall:
(1)
									Review the complaint to determine jurisdiction and if
			 further information or investigation is needed.
(2)
									If the division
			 has jurisdiction of the alleged violation, send an acknowledgment letter to the
			 complainant and the respondent requesting the respondent to provide a response
			 to the complaint and submit any additional information the respondent believes
			 relevant and/or necessary.
(3)
									Investigate the
			 complaint to determine if a charge for violating Chapter 4781. of the Revised
			 Code or the division rules meets the division's burden of
			 proof.
(4)
									Provide the superintendent or superintendent's designee
			 with an investigative report detailing the facts of the complaint and
			 investigation. The superintendent may take the following action:
(a)
										Close with no
			 further action;
(b)
										Return for further investigation;
(c)
										Issue an advisory
			 letter;
(d)
										Order disciplinary action against a licensee;
			 or
(e)
										Order a civil penalty against an unlicensed
			 person.
(5)
									The superintendent on the superintendent's own motion,
			 may initiate an investigation inspection of a licensee to determine whether the
			 licensee is in compliance with Chapter 4781. of the Revised Code and the rules
			 promulgated thereunder.
Replaces: 4781-11-13, 4781-11-14
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-15 - Discipline

Current through all regulations passed and filed through July 1, 2024
(A)
								The division of
			 real estate and professional licensing shall determine the need for
			 adjudication hearings in accordance with sections
			  119.06 
			 to
			  119.13 
			 of the Revised Code. Pursuant to section
			  4781.21 
			 of the Revised Code, the division investigates the conduct of any licensee and
			 shall suspend, revoke, or refuse to renew a license consistent with this
			 chapter. Pursuant to section
			  4781.121 
			 of the Revised Code, any person who has allegedly committed a violation of
			 section
			  4781.16 
			 of the Revised Code may be investigated.
After the suspension or revocation of a
				license issued pursuant to Chapter 4781. of the Revised Code, the
				superintendent shall notify the licensee of the right to request a hearing. The
				notice shall be issued pursuant to Chapter 119. of the Revised
				Code.
(B)
								For purposes of section
			  119.09  of
			 the Revised Code, the record of an adjudication hearing before the Ohio
			 division of real estate and professional licensing shall be provided by use of
			 audio or video teleconferencing electronic recording devices. Such recording
			 shall serve as the official record of the proceeding and may serve as the basis
			 for a transcript for furnishing to a court upon appellate review. A
			 stenographic service other than the division's audio or video recording devices
			 may be requested by one of the parties to the hearing. Advance written notice
			 shall be provided to the division by the requesting party prior to the
			 scheduled hearing date. All scheduling with the stenographic service shall be
			 the responsibility of the party requesting the stenographic service. The
			 testimony at the adjudication hearing shall be transcribed at the cost of the
			 party requesting the stenographic service. Upon request, the stenographic
			 service may provide a transcript of the adjudication hearing and the cost of
			 the transcript shall be the responsibility of the party requesting the
			 transcript. The division may use the transcript from the stenographic service
			 as the official record of the proceeding.
(C)
								The decision of
			 the superintendent shall be issued pursuant to Chapter 119. of the Revised
			 Code.
(D)
								Any final order of the superintendent no longer subject
			 to appeal may be publicly disseminated using any of the following
			 methods:
(1)
									Publication in the division's newsletter;
(2)
									Press release(s);
			 and
(3)
									Any other method deemed appropriate by the
			 superintendent.
Replaces: 4781-11-15
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-16 - Manufactured housing broker business establishment

Current through all regulations passed and filed through July 1, 2024
A manufactured housing broker shall
				have an easily recognizable established place of business and meet all of the
				following requirements:
(A)
								An established place of business that shall include an
			 office that is permanent in nature, with office equipment and supplies that are
			 sufficient to assist in conducting the business of brokering manufactured
			 housing year-round. The office shall include, at minimum, a business telephone
			 in service at all times that is generally available to the public and shall be
			 answered in the name of the manufactured housing broker. The business telephone
			 number shall be legible and posted in a conspicuous place in public view. A
			 manufactured housing broker shall notify the superintendent of real estate and
			 professional licensing in writing within fifteen days of any change in the
			 business location, mailing address and/or telephone number.
(B)
								The office shall
			 be clearly identified, easily accessible, and open to the public a minimum of
			 thirty hours a week, at least six of which shall occur Monday through Friday.
			 The business hours shall be legible and posted in a conspicuous place near the
			 entrance of the office. The office shall be kept neat and orderly at all times
			 and shall not be used as storage or other utility area. The office shall be
			 separate from a personal residence.
(C)
								The office shall
			 include adequate electric lighting, electrical service, heating and ventilation
			 that is sufficient, secure and safe for a retail office
			 environment.
(D)
								An established place of business that is used for
			 brokering previously owned manufactured housing shall be considered used
			 exclusively for that purpose even though its facility is located in a
			 manufactured home park or office complex, and even though rent and other
			 activities related to operating a manufactured home park take place at the same
			 location.
(E)
								The office shall be staffed at all posted hours by an
			 owner, partner, officer or licensed salesperson.
(F)
								The entire
			 premises, including signage, plumbing fixtures and other mechanicals, shall not
			 be in violation of any applicable building or zoning requirements. The dealer
			 shall provide evidence to show building and zoning requirements have been met
			 upon request of the superintendent. Upon request of the broker, the
			 superintendent shall consider, and may approve, reasonable variances to these
			 requirements except for variances to the building and zoning
			 requirements.
(G)
								No manufactured home broker or its agent or
			 representative shall alter the physical conditions of the established place of
			 business so that it is not in compliance with the requirements of Chapter 4781.
			 of the Revised Code.
Replaces: 4781-11-16
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-18 - Record retention

Current through all regulations passed and filed through July 1, 2024
(A) A manufactured housing dealer and a
			 manufactured housing broker shall maintain the following records of all
			 manufactured housing purchased, leased and sold:
(1) Name and address of the previous owner;
(2) Serial number where applicable
			 (vehicle identification number);
(3) Title number, county and state;
(4) Year and make of said
			 manufactured housing;
(5) A
			 purchase agreement for each manufactured housing sold, which shall include a
			 description of the manufactured housing, the name,
									 address, and phone number of the purchaser,
			 the address where the home is going to if different
			 than the purchaser's address, the sales price, and may include the
			 manufactured housing dealer's or manufactured housing broker's permit number;
(6) Lease contracts and security
			 agreements.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-11 - Licenses › Section 4781-11-20 - Foreign business license

Current through all regulations passed and filed through July 1, 2024
Any person whose principal place of
				business is located outside of Ohio, and who is not otherwise required to be
				licensed pursuant to Chapter 4781. of the Revised Code, shall not sell at
				retail, display, offer for sale, or deal in manufactured housing that is to be
				delivered into Ohio unless:
(A)
								 The person is issued a foreign business license upon
			 submission and approval of an application to the commission on a form
			 prescribed by the commission; and
(B)
								 The person is
			 registered with the Ohio secretary of state to transact business in the state
			 of Ohio.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-12 - Manufactured Home Parks › Section 4781-12-01 - Manufactured home park definitions

Current through all regulations passed and filed through July 1, 2024
As used in rules 4781-12-01 to  4781-12-32
				of the Administrative Code:
(A)
								"Develop" or "development" means
			 any artificial change to improved or unimproved real estate, including, without
			 limitation, buildings or structures, dredging, filling, grading, paving,
			 excavation or drilling operations, or storage of equipment or materials, and
			 the construction, expansion, or substantial alteration of a manufactured home
			 park for which plan review is required under division (A) of section
			  4781.31 
			 of the Revised Code. "Development" does not include the building, construction,
			 erection, or manufacture of any building to which section
			  3781.06 
			 of the Revised Code is applicable.
(B)
								"Division" means the division of industrial compliance of
			 the Ohio department of commerce.
(C) "Flood" or "flooding" means either of the
			 following:
(1) A general and temporary
			 condition of partial or complete inundation of normally dry land areas from any
			 of the following:
(a) The overflow of inland
			 or tidal waters;
(b) The unusual
			 and rapid accumulation or runoff of surface waters from any source;
			 or
(c) Mudslides that are
			 proximately caused by flooding as defined in paragraph
			 
										(C) (1)(b) of
			 this rule and that are akin to a river of liquid and flowing mud on the surface
			 of normally dry land areas, as when earth is carried by a current of water and
			 deposited along the path of the current.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-12 - Manufactured Home Parks › Section 4781-12-02 - Application of rules; license for manufactured home parks

Current through all regulations passed and filed through July 1, 2024
(A) All manufactured home parks shall comply
			 with the provisions of Chapter 4781-12 of the Administrative Code.
(B)
								Except as provided in
			 division (B) of rule 4781-12-4 of  the Administrative Code, no person
			 shall maintain or operate a manufactured home park in this state without a
			 license issued by the division. The license shall be issued for a period not
			 to exceed one year and may be suspended or revoked at any time for failure to
			 comply with any provision of Chapter
								4781-12 of the
			 Administrative Code or sections
			  4781.26 
			 to
			  4781.51 
			 of the Revised Code.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-12 - Manufactured Home Parks › Section 4781-12-03 - Manufactured home park license, contents of

Current through all regulations passed and filed through July 1, 2024
The license shall state the name and address of the person
				responsible for the maintenance and operation of the manufactured home park,
				the name and location of the manufactured home park, the maximum number of
				manufactured homes for which the manufactured home park is licensed on a form
				prescribed by the division. Such license shall be displayed in a
				conspicuous place in the manufactured home park at all times. No person who has
				received a license, upon the sale or disposition of the manufactured home park,
				may have the license transferred to the new owner.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-12 - Manufactured Home Parks › Section 4781-12-04 - Application for manufactured home park license

Current through all regulations passed and filed through July 1, 2024
(A) On or after the first day of December but
			 before the first day of January of the next year, every person who intends to
			 operate a manufactured home park shall procure a license to operate the park
			 for the next year from the division. A person shall obtain a separate license to
			 operate each manufactured home park. This provision shall apply to all
			 manufactured home parks except new manufactured home parks opened for business
			 subsequent to January first of each year. An application for a license to
			 operate a new manufactured home park during any part of the year shall be filed
			 as hereinafter provided not less than thirty days before the manufactured home
			 park is scheduled to open for business. If the applicable
			 license fee charged under paragraph (C) of this rule is not received by the
			 division by the close of business on the last day of
			 December, the applicant for the license shall pay a penalty equal to
			 twenty-five per cent of the applicable license fee. The penalty shall accompany
			 the license fee. If the last day of December is not a business day, the penalty
			 attaches upon the close of business on the next business day.
(B) The operator of a manufactured home park
			 shall make  application for a
			 license to the division. The operator shall apply for a separate
			 license to operate each manufactured home park. The application form shall be
			 prescribed by the division and shall contain pertinent information
			 relative to the licensing of the manufactured home park. In the event
			 that operation of a park is transferred,
			  application by the new park operator must be made to the
			 division no less than thirty days
			 after the
			 transfer has occurred.
(C) The division
			 may charge a fee for an annual license to operate such a park.
The fee shall be determined in accordance with section
				 4781.27 
				of the Revised Code and shall include the cost of licensing and
				all
				inspections.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-12 - Manufactured Home Parks › Section 4781-12-04.1 - Manufactured home park inspection

Current through all regulations passed and filed through July 1, 2024
(A) The
			 division or its
			 contractually designated representative shall inspect manufactured home parks
			 and require compliance with sections
			  4781.26 
			 to
			  4781.35  of
			 the Revised Code and rules adopted thereunder.
(B) The division or
			 its
			 contractually designated representative shall have authority to enter
			 manufactured home parks at reasonable times to conduct
			 inspections and investigate conditions relating to the enforcement of rules 4781-12-01 to  4781-12-32 of the Administrative Code.
(C) Boards of health of city or general
			 health districts shall have the right of first
			 refusal for those contracts.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-12 - Manufactured Home Parks › Section 4781-12-04.2 - Manufactured home park license fee categories

Current through all regulations passed and filed through July 1, 2024
The license fees established by the division
				for manufactured home parks shall be based on a base fee and the number of lots
				in the park, and charged in accordance with the following categories:
(A) A base fee of one hundred fifty dollars
			 annually per park; and
(B) A fee of
			 four dollars and fifteen cents annually per lot
			 .
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-12 - Manufactured Home Parks › Section 4781-12-05 - Development plan approval required

Current through all regulations passed and filed through July 1, 2024
(A) No person shall
			 develop a manufactured home park, cause development to occur within any portion
			 of a manufactured home park, or reopen a manufactured home park on the site of
			 a former manufactured home park until the plans therefore have been submitted
			 to and reviewed and approved by the division.
(B) All development within any portion of a
			 new or existing manufactured home park shall be performed in accordance with
			 plans as approved by the division.
(C) A person who wishes to amend approved
			 plans shall file with the division a written request for amendment. The request
			 shall state specifically the type and extent of the amendments and may include
			 supporting documents. The division may request additional information or
			 depending on the extent of the amendment, may require submittal of a new set of
			 plans that comply with rule 4781-12-06 of  the Administrative Code. The division shall approve the request if the plans as
			 amended comply with the requirements of sections
			  4781.26 
			 to
			  4781.35  of
			 the Revised Code and this chapter.
(D) The approval of plans issued by the
			 division shall be valid for three years after the date
			 on which the division issues the approval. If the
			 superintendent or the superintendent's designee finds
			 that the person developing a manufactured home park has made a good-faith
			 effort to complete the development of the manufactured home park within the
			 three -year period but has failed for reasons
			 beyond the person's control, the superintendent or
			 the superintendent's designee may grant one extension for a specified
			 period of time not to exceed two years. A request for an extension shall be
			 made to the division in writing before the expiration of the
			 initial three -year period. If the development
			 has not been completed within the original three -year period plus the period of any extension granted
			 under this paragraph, the plans shall be resubmitted in accordance with
			 paragraphs (A) and (B) of rule 4781-12-
			  05.1 of the Administrative Code.
(E) Ownership of approved plans may be
			 transferred from one person to another provided that the person to whom the
			 approved plans are transferred notifies the division no
			 more than ten days after the transfer occurs.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-12 - Manufactured Home Parks › Section 4781-12-05.1 - Submission for review and approval of development plans

Current through all regulations passed and filed through July 1, 2024
(A) Any person who proposes to develop a
			 manufactured home park shall do the following
			 prior to submitting plans to the division
			 for approval :
(1) Request that the
			 division conduct an evaluation of the proposed
			 location, which shall include, but not be limited to, its topography, soil
			 conditions, previous uses, and available utilities;
(2) Obtain flood level information for the
			 proposed location of the manufactured home park to ensure that the manufactured
			 home park will be protected from flooding. Flood level information shall
			 include the elevation of the one -hundred
			 -year flood as well as a delineation of the
			 floodway limits. Flood level information can be found on maps published by the
			 federal emergency management agency. For locations where the federal emergency
			 management agency has not identified flood levels, or where the federal
			 emergency management agency maps do not indicate one -hundred -year flood
			 elevations or delineate floodways, the division
			 may require the submission of such flood information prepared by a registered
			 engineer.
(3) If the proposed
			 manufactured home park or any portion thereof is located within a one
			 -hundred -year
			 flood plain, the person proposing development shall
			  submit an application to the division
			 for any permits under rule 4781-12-  07.1 of the Administrative
			 Code for development in a one -hundred
			 -year flood plain area.
Ohio Administrative Code › Title 4781 - Ohio Manufactured Homes Program › Chapter 4781-12 - Manufactured Home Parks › Section 4781-12-05.2 - Compliance with approved plans, verification inspections

Current through all regulations passed and filed through July 1, 2024
(A) The owner or operator of a proposed
			 manufactured home park for which plans have been approved in accordance with
			 rule 4781-12-05 of the Administrative Code shall notify the
			 division in writing when development of the
			 manufactured home park has been completed but before the developed area has
			 been placed in operation.
(B) The
			 division shall conduct
			 final
								inspections of new development in a manufactured home
			 park to ensure that the development is consistent with this chapter and the
			 plans submitted and approved under rule 4781-12-05 
			 of the Administrative Code. Development in a newly constructed manufactured
			 home park shall be inspected prior to the issuance of the initial license to
			 operate the new manufactured home park. Development in an existing and licensed
			 manufactured home park shall be completed prior to occupancy or before those
			 newly developed portions of the manufactured home park are placed into
			 operation. The division shall conduct the inspection within five
			 business days of the notification required by paragraph (A) of this rule.
			 The fee for any inspection conducted under this
			 paragraph shall be one hundred sixty-five dollars per
			 inspection.
(C) The
			 division may conduct progress inspections at any reasonable time and may
			 conduct more than one inspection at any stage of the development to verify that
			 the development is consistent with the approved plans. The
			 division may also require the operator of a
			 manufactured home park to provide written assurance from a registered
			 professional engineer that any electrical, water, or sanitary sewerage systems
			 were completed in accordance with the approved plans. Inspections of
			 development conducted by the division under this paragraph shall be charged at the
			 rate of seventy-five dollars per hour including travel time. Inspection and
			 travel time that exceeds fifty per cent of an hour shall be charged for the
			 whole additional hour or portion thereof. The minimum fee for inspections
			 conducted pursuant to this paragraph is one hundred twenty-five dollars. The
			 fee for inspections conducted pursuant to this paragraph shall be invoiced by
			 the division within thirty days of performing the
			 inspection. All inspection fees shall be paid within thirty days of the date of
			 mailing the invoice by the division. The division
			 shall provide two business days prior notification to a licensee if the
			 division determines that more than three inspections
			 of development  conducted pursuant
			 to paragraph (C) of this rule are required.