Bill Text: OH HB186 | 2009-2010 | 128th General Assembly | Engrossed

Ohio House Bill 186 (Prior Session Legislation)

Engrossed

Bill Title: On July 1, 2011, to conform with other provisions of this act taking effect on that date.

Spectrum: Partisan Bill (Democrat 25-1)

Status: (Engrossed - Dead) 2010-02-25 - To Judiciary Civil Justice [HB186 Detail]

Download: Ohio-2009-HB186-Engrossed.html

As Passed by the House

128th General Assembly

Regular Session

2009-2010

Am. Sub. H. B. No. 186

Representatives Foley, Patten

Cosponsors: Representatives Boyd, Brown, Domenick, Hagan, Heard, Luckie, Okey, Skindell, Stewart, Yuko, Belcher, Carney, Chandler, Dodd, Dyer, Garland, Harris, Letson, Lundy, Mallory, Pillich, Sayre, Williams, B., Winburn

A BILL

To amend sections 1901.18, 1909.11, 1923.01, 1923.02,

1923.061, 1923.15, 2305.01, 3701.83, 3709.085,

3709.09, 3709.092, 3729.01, 3733.02, 3733.021,

3733.022, 3733.024, 3733.025, 3733.03, 3733.04,

3733.05, 3733.06, 3733.08, 3733.09, 3733.091,

3733.10, 3733.101, 3733.11, 3733.12, 3733.121,

3733.122, 3733.123, 3733.13, 3733.14, 3733.15,

3733.17, 3733.18, 3733.19, 3733.20, 3733.41,

3733.99, 3781.06, 4503.061, 4503.062, 4517.01,

4517.04, 4517.09, 4517.10, 4517.12, 4517.13,

4517.14, 4517.23, 4517.24, 4517.44, 4743.05,

4781.01, 4781.02, 4781.04, 4781.07, 4781.10,

4781.14, 4781.15, 4781.99, 4905.90, and 6111.46;

to amend, for the purpose of adopting new section

numbers as indicated in parentheses, sections

3733.02 (4781.26), 3733.021 (4781.31), 3733.022

(4781.32), 3733.024 (4781.33), 3733.025 (4781.34),

3733.03 (4781.27), 3733.04 (4781.28), 3733.05

(4781.29), 3733.06 (4781.30), 3733.08 (4781.35),

3733.09 (4781.36), 3733.091 (4781.37), 3733.10

(4781.38), 3733.101 (4781.39), 3733.12 (4781.41),

3733.121 (4781.42), 3733.122 (4781.43), 3733.123

(4781.44), 3733.13 (4781.45), 3733.14 (4781.46),

3733.15 (4781.47), 3733.16 (4781.48), 3733.17

(4781.49), 3733.18 (4781.50), 3733.19 (4781.51),

and 3733.20 (4781.52); to enact sections 2323.05,

3733.111, 4781.121, 4781.54, and 4781.60; and to

repeal sections 3733.01, 3733.031, 3733.07, and

4517.49 of the Revised Code; and to amend Section

745.20 of Am. Sub. H.B. 1 of the 128th General

Assembly to transfer various responsibilities with

respect to the licensing and inspection of

manufactured home parks from the Department of

Health to the Manufactured Homes Commission, to

make other changes in the manufactured home park

law, and to amend the motor vehicle dealer's

licensing law; and to amend sections 3733.11 and

4781.10 and to amend, for the purpose of adopting

new section numbers as indicated in parenthesis,

sections 3733.11 (4781.40) and 3733.111 (4781.53)

of the Revised Code on July 1, 2011, to conform

with other provisions of this act taking effect on

that date.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1901.18, 1909.11, 1923.01, 1923.02,	44
1923.061, 1923.15, 2305.01, 3701.83, 3709.085, 3709.09, 3709.092,	45
3729.01, 3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03,	46
3733.04, 3733.05, 3733.06, 3733.08, 3733.09, 3733.091, 3733.10,	47
3733.101, 3733.11, 3733.12, 3733.121, 3733.122, 3733.123, 3733.13,	48
3733.14, 3733.15, 3733.17, 3733.18, 3733.19, 3733.20, 3733.41,	49
3733.99, 3781.06, 4503.061, 4503.062, 4517.01, 4517.04, 4517.09,	50
4517.10, 4517.12, 4517.13, 4517.14, 4517.23, 4517.24, 4517.44,	51
4743.05, 4781.01, 4781.02, 4781.04, 4781.07, 4781.10, 4781.14,	52
4781.15, 4781.99, 4905.90, and 6111.46 be amended; and that	53
sections 3733.02 (4781.26), 3733.021 (4781.31), 3733.022	54
(4781.32), 3733.024 (4781.33), 3733.025 (4781.34), 3733.03	55
(4781.27), 3733.04 (4781.28), 3733.05 (4781.29), 3733.06	56
(4781.30), 3733.08 (4781.35), 3733.09 (4781.36), 3733.091	57
(4781.37), 3733.10 (4781.38), 3733.101 (4781.39), 3733.12	58
(4781.41), 3733.121 (4781.42), 3733.122 (4781.43), 3733.123	59
(4781.44), 3733.13 (4781.45), 3733.14 (4781.46), 3733.15	60
(4781.47), 3733.16 (4781.48), 3733.17 (4781.49), 3733.18	61
(4781.50), 3733.19 (4781.51), and 3733.20 (4781.52) be amended for	62
the purpose of adopting new section numbers as indicated in	63
parentheses; and that sections 2323.05, 3733.111, 4781.121,	64
4781.54, and 4781.60 of the Revised Code be enacted to read as	65
follows:	66

Sec. 1901.18. (A) Except as otherwise provided in this	67
division or section 1901.181 of the Revised Code, subject to the	68
monetary jurisdiction of municipal courts as set forth in section	69
1901.17 of the Revised Code, a municipal court has original	70
jurisdiction within its territory in all of the following actions	71
or proceedings and to perform all of the following functions:	72

(1) In any civil action, of whatever nature or remedy, of	73
which judges of county courts have jurisdiction;	74

(2) In any action or proceeding at law for the recovery of	75
money or personal property of which the court of common pleas has	76
jurisdiction;	77

(3) In any action at law based on contract, to determine,	78
preserve, and enforce all legal and equitable rights involved in	79
the contract, to decree an accounting, reformation, or	80
cancellation of the contract, and to hear and determine all legal	81
and equitable remedies necessary or proper for a complete	82
determination of the rights of the parties to the contract;	83

(4) In any action or proceeding for the sale of personal	84
property under chattel mortgage, lien, encumbrance, or other	85
charge, for the foreclosure and marshalling of liens on personal	86
property of that nature, and for the rendering of personal	87
judgment in the action or proceeding;	88

(5) In any action or proceeding to enforce the collection of	89
its own judgments or the judgments rendered by any court within	90
the territory to which the municipal court has succeeded, and to	91
subject the interest of a judgment debtor in personal property to	92
satisfy judgments enforceable by the municipal court;	93

(6) In any action or proceeding in the nature of	94
interpleader;	95

(7) In any action of replevin;

(8) In any action of forcible entry and detainer;

(9) In any action concerning the issuance and enforcement of	98
temporary protection orders pursuant to section 2919.26 of the	99
Revised Code or protection orders pursuant to section 2903.213 of	100
the Revised Code or the enforcement of protection orders issued by	101
courts of another state, as defined in section 2919.27 of the	102
Revised Code;	103

(10) If the municipal court has a housing or environmental	104
division, in any action over which the division is given	105
jurisdiction by section 1901.181 of the Revised Code, provided	106
that, except as specified in division (B) of that section, no	107
judge of the court other than the judge of the division shall hear	108
or determine any action over which the division has jurisdiction;	109

(11) In any action brought pursuant to division (I) of	110
section ~~3733.11~~4781.40 of the Revised Code, if the residential	111
premises that are the subject of the action are located within the	112
territorial jurisdiction of the court;	113

(12) In any civil action as described in division (B)(1) of	114
section 3767.41 of the Revised Code that relates to a public	115
nuisance, and, to the extent any provision of this chapter	116
conflicts or is inconsistent with a provision of that section, the	117
provision of that section shall control in the civil action.	118

(B) The Cleveland municipal court also shall have	119
jurisdiction within its territory in all of the following actions	120
or proceedings and to perform all of the following functions:	121

(1) In all actions and proceedings for the sale of real	122
property under lien of a judgment of the municipal court or a lien	123
for machinery, material, or fuel furnished or labor performed,	124
irrespective of amount, and, in those actions and proceedings, the	125
court may proceed to foreclose and marshal all liens and all	126
vested or contingent rights, to appoint a receiver, and to render	127
personal judgment irrespective of amount in favor of any party.	128

(2) In all actions for the foreclosure of a mortgage on real	129
property given to secure the payment of money or the enforcement	130
of a specific lien for money or other encumbrance or charge on	131
real property, when the amount claimed by the plaintiff does not	132
exceed fifteen thousand dollars and the real property is situated	133
within the territory, and, in those actions, the court may proceed	134
to foreclose all liens and all vested and contingent rights and	135
may proceed to render judgments and make findings and orders	136
between the parties in the same manner and to the same extent as	137
in similar actions in the court of common pleas.	138

(3) In all actions for the recovery of real property situated	139
within the territory to the same extent as courts of common pleas	140
have jurisdiction;	141

(4) In all actions for injunction to prevent or terminate	142
violations of the ordinances and regulations of the city of	143
Cleveland enacted or promulgated under the police power of the	144
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio	145
Constitution, over which the court of common pleas has or may have	146
jurisdiction, and, in those actions, the court may proceed to	147
render judgments and make findings and orders in the same manner	148
and to the same extent as in similar actions in the court of	149
common pleas.	150

Sec. 1909.11. A county court judge has jurisdiction in any	151
action brought pursuant to division (I) of section ~~3733.11~~4781.40	152
of the Revised Code if the residential premises that are the	153
subject of the action are located within the territorial	154
jurisdiction of the judge's county court district.	155

Sec. 1923.01. (A) As provided in this chapter, any judge of	156
a county or municipal court or a court of common pleas, within the	157
judge's proper area of jurisdiction, may inquire about persons who	158
make unlawful and forcible entry into lands or tenements and	159
detain them, and about persons who make a lawful and peaceable	160
entry into lands or tenements and hold them unlawfully and by	161
force. If, upon the inquiry, it is found that an unlawful and	162
forcible entry has been made and the lands or tenements are	163
detained, or that, after a lawful entry, lands or tenements are	164
held unlawfully and by force, a judge shall cause the plaintiff in	165
an action under this chapter to have restitution of the lands or	166
tenements.	167

(B) An action shall be brought under this chapter within two	168
years after the cause of action accrues.	169

170

(1) "Tenant" means a person who is entitled under a rental	171
agreement to the use or occupancy of premises, other than premises	172
located in a manufactured home park, to the exclusion of others,	173
except that as used in division (A)(6) of section 1923.02 and	174
section 1923.051 of the Revised Code, "tenant" includes a	175
manufactured home park resident.	176

(2) "Landlord" means the owner, lessor, or sublessor of	177
premises, or the agent or person the landlord authorizes to manage	178
premises or to receive rent from a tenant under a rental	179
agreement, except, if required by the facts of the action to which	180
the term is applied, "landlord" means a park operator.	181

(3) "Resident" has the same meaning as in section ~~3733.01~~	182
4781.01 of the Revised Code.	183

(4) "Residential premises" has the same meaning as in section	184
5321.01 of the Revised Code, except, if required by the facts of	185
the action to which the term is applied, "residential premises"	186
has the same meaning as in section ~~3733.01~~4781.01 of the Revised	187
Code.	188

(5) "Rental agreement" means any agreement or lease, written	189
or oral, that establishes or modifies the terms, conditions,	190
rules, or other provisions concerning the use or occupancy of	191
premises by one of the parties to the agreement or lease, except	192
that "rental agreement," as used in division (A)(13) of section	193
1923.02 of the Revised Code and where the context requires as used	194
in this chapter, means a rental agreement as defined in division	195
(D) of section 5322.01 of the Revised Code.	196

(6) "Controlled substance" has the same meaning as in section	197
3719.01 of the Revised Code.	198

(7) "School premises" has the same meaning as in section	199
2925.01 of the Revised Code.	200

(8) "Sexually oriented offense" and "child-victim oriented	201
offense" have the same meanings as in section 2950.01 of the	202
Revised Code.	203

(9) "Recreational vehicle" and "mobile home" have the same	204
meanings as in section 4501.01 of the Revised Code.	205

(10) "Manufactured home" has the same meaning as in section	206
3781.06 of the Revised Code.	207

(11) "Manufactured home park" has the same meaning as in	208
section ~~3733.01~~4781.01 of the Revised Code and also means any	209
tract of land upon which one or two manufactured or mobile homes	210
used for habitation are parked, either free of charge or for	211
revenue purposes, pursuant to rental agreements between the owners	212
of the manufactured or mobile homes and the owner of the tract of	213
land.	214

(12) "Park operator" has the same meaning as in section	215
~~3733.01~~4781.01 of the Revised Code and also means a landlord of	216
premises upon which one or two manufactured or mobile homes used	217
for habitation are parked, either free of charge or for revenue	218
purposes, pursuant to rental agreements between the owners of the	219
manufactured or mobile homes and a landlord who is not licensed as	220
a manufactured home park operator pursuant to Chapter ~~3733.~~4781.	221
of the Revised Code.	222

(13) "Personal property" means tangible personal property	223
other than a manufactured home, mobile home, or recreational	224
vehicle that is the subject of an action under this chapter.	225

(14) "Preschool or child day-care center premises" has the	226
same meaning as in section 2950.034 of the Revised Code.	227

Sec. 1923.02. (A) Proceedings under this chapter may be had	228
as follows:	229

(1) Against tenants or manufactured home park residents	230
holding over their terms;	231

(2) Against tenants or manufactured home park residents in	232
possession under an oral tenancy, who are in default in the	233
payment of rent as provided in division (B) of this section;	234

(3) In sales of real estate, on executions, orders, or other	235
judicial process, when the judgment debtor was in possession at	236
the time of the rendition of the judgment or decree, by virtue of	237
which the sale was made;	238

(4) In sales by executors, administrators, or guardians, and	239
on partition, when any of the parties to the complaint were in	240
possession at the commencement of the action, after the sales, so	241
made on execution or otherwise, have been examined by the proper	242
court and adjudged legal;	243

(5) When the defendant is an occupier of lands or tenements,	244
without color of title, and the complainant has the right of	245
possession to them;	246

(6) In any other case of the unlawful and forcible detention	247
of lands or tenements. For purposes of this division, in addition	248
to any other type of unlawful and forcible detention of lands or	249
tenements, such a detention may be determined to exist when both	250
of the following apply:	251

(a) A tenant fails to vacate residential premises within	252
three days after both of the following occur:	253

(i) The tenant's landlord has actual knowledge of or has	254
reasonable cause to believe that the tenant, any person in the	255
tenant's household, or any person on the premises with the consent	256
of the tenant previously has or presently is engaged in a	257
violation of Chapter 2925. or 3719. of the Revised Code, or of a	258
municipal ordinance that is substantially similar to any section	259
in either of those chapters, which involves a controlled substance	260
and which occurred in, is occurring in, or otherwise was or is	261
connected with the premises, whether or not the tenant or other	262
person has been charged with, has pleaded guilty to or been	263
convicted of, or has been determined to be a delinquent child for	264
an act that, if committed by an adult, would be a violation as	265
described in this division. For purposes of this division, a	266
landlord has "actual knowledge of or has reasonable cause to	267
believe" that a tenant, any person in the tenant's household, or	268
any person on the premises with the consent of the tenant	269
previously has or presently is engaged in a violation as described	270
in this division if a search warrant was issued pursuant to	271
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	272
affidavit presented to obtain the warrant named or described the	273
tenant or person as the individual to be searched and particularly	274
described the tenant's premises as the place to be searched, named	275
or described one or more controlled substances to be searched for	276
and seized, stated substantially the offense under Chapter 2925.	277
or 3719. of the Revised Code or the substantially similar	278
municipal ordinance that occurred in, is occurring in, or	279
otherwise was or is connected with the tenant's premises, and	280
states the factual basis for the affiant's belief that the	281
controlled substances are located on the tenant's premises; the	282
warrant was properly executed by a law enforcement officer and any	283
controlled substance described in the affidavit was found by that	284
officer during the search and seizure; and, subsequent to the	285
search and seizure, the landlord was informed by that or another	286
law enforcement officer of the fact that the tenant or person has	287
or presently is engaged in a violation as described in this	288
division and it occurred in, is occurring in, or otherwise was or	289
is connected with the tenant's premises.	290

(ii) The landlord gives the tenant the notice required by	291
division (C) of section 5321.17 of the Revised Code.	292

(b) The court determines, by a preponderance of the evidence,	293
that the tenant, any person in the tenant's household, or any	294
person on the premises with the consent of the tenant previously	295
has or presently is engaged in a violation as described in	296
division (A)(6)(a)(i) of this section.	297

(7) In cases arising out of Chapter 5313. of the Revised	298
Code. In those cases, the court has the authority to declare a	299
forfeiture of the vendee's rights under a land installment	300
contract and to grant any other claims arising out of the	301
contract.	302

(8) Against tenants who have breached an obligation that is	303
imposed by section 5321.05 of the Revised Code, other than the	304
obligation specified in division (A)(9) of that section, and that	305
materially affects health and safety. Prior to the commencement of	306
an action under this division, notice shall be given to the tenant	307
and compliance secured with section 5321.11 of the Revised Code.	308

(9) Against tenants who have breached an obligation imposed	309
upon them by a written rental agreement;	310

(10) Against manufactured home park residents who have	311
defaulted in the payment of rent or breached the terms of a rental	312
agreement with a park operator. Nothing in this division precludes	313
the commencement of an action under division (A)(12) of this	314
section when the additional circumstances described in that	315
division apply.	316

(11) Against manufactured home park residents who have	317
committed two material violations of the rules of the manufactured	318
home park, of the ~~public health council~~manufactured homes	319
commission, or of applicable state and local health and safety	320
codes and who have been notified of the violations in compliance	321
with section ~~3733.13~~4781.45 of the Revised Code;	322

(12) Against a manufactured home park resident, or the estate	323
of a manufactured home park resident, who as a result of death or	324
otherwise has been absent from the manufactured home park for a	325
period of thirty consecutive days prior to the commencement of an	326
action under this division and whose manufactured home or mobile	327
home, or recreational vehicle that is parked in the manufactured	328
home park, has been left unoccupied for that thirty-day period,	329
without notice to the park operator and without payment of rent	330
due under the rental agreement with the park operator;	331

(13) Against occupants of self-service storage facilities, as	332
defined in division (A) of section 5322.01 of the Revised Code,	333
who have breached the terms of a rental agreement or violated	334
section 5322.04 of the Revised Code;	335

(14) Against any resident or occupant who, pursuant to a	336
rental agreement, resides in or occupies residential premises	337
located within one thousand feet of any school premises or	338
preschool or child day-care center premises and to whom both of	339
the following apply:	340

(a) The resident's or occupant's name appears on the state	341
registry of sex offenders and child-victim offenders maintained	342
under section 2950.13 of the Revised Code.	343

(b) The state registry of sex offenders and child-victim	344
offenders indicates that the resident or occupant was convicted of	345
or pleaded guilty to a sexually oriented offense or a child-victim	346
oriented offense in a criminal prosecution and was not sentenced	347
to a serious youthful offender dispositional sentence for that	348
offense.	349

(15) Against any tenant who permits any person to occupy	350
residential premises located within one thousand feet of any	351
school premises or preschool or child day-care center premises if	352
both of the following apply to the person:	353

(a) The person's name appears on the state registry of sex	354
offenders and child-victim offenders maintained under section	355
2950.13 of the Revised Code.	356

(b) The state registry of sex offenders and child-victim	357
offenders indicates that the person was convicted of or pleaded	358
guilty to a sexually oriented offense or a child-victim oriented	359
offense in a criminal prosecution and was not sentenced to a	360
serious youthful offender dispositional sentence for that offense.	361

(B) If a tenant or manufactured home park resident holding	362
under an oral tenancy is in default in the payment of rent, the	363
tenant or resident forfeits the right of occupancy, and the	364
landlord may, at the landlord's option, terminate the tenancy by	365
notifying the tenant or resident, as provided in section 1923.04	366
of the Revised Code, to leave the premises, for the restitution of	367
which an action may then be brought under this chapter.	368

(C)(1) If a tenant or any other person with the tenant's	369
permission resides in or occupies residential premises that are	370
located within one thousand feet of any school premises and is a	371
resident or occupant of the type described in division (A)(14) of	372
this section or a person of the type described in division (A)(15)	373
of this section, the landlord for those residential premises, upon	374
discovery that the tenant or other person is a resident, occupant,	375
or person of that nature, may terminate the rental agreement or	376
tenancy for those residential premises by notifying the tenant and	377
all other occupants, as provided in section 1923.04 of the Revised	378
Code, to leave the premises.	379

(2) If a landlord is authorized to terminate a rental	380
agreement or tenancy pursuant to division (C)(1) of this section	381
but does not so terminate the rental agreement or tenancy, the	382
landlord is not liable in a tort or other civil action in damages	383
for any injury, death, or loss to person or property that	384
allegedly result from that decision.	385

(D) This chapter does not apply to a student tenant as	386
defined by division (H) of section 5321.01 of the Revised Code	387
when the college or university proceeds to terminate a rental	388
agreement pursuant to section 5321.031 of the Revised Code.	389

Sec. 1923.061. (A) Any defense in an action under this	390
chapter may be asserted at trial.	391

(B) In an action for possession of residential premises based	392
upon nonpayment of the rent or in an action for rent when the	393
tenant or manufactured home park resident is in possession, the	394
tenant or resident may counterclaim for any amount hethe tenant	395
or resident may recover under the rental agreement or under	396
Chapter ~~3733.~~4781. or 5321. of the Revised Code. In that event,	397
the court from time to time may order the tenant or resident to	398
pay into court all or part of the past due rent and rent becoming	399
due during the pendency of the action. After trial and judgment,	400
the party to whom a net judgment is owed shall be paid first from	401
the money paid into court, and any balance shall be satisfied as	402
any other judgment. If no rent remains due after application of	403
this division, judgment shall be entered for the tenant or	404
resident in the action for possession. If the tenant or resident	405
has paid into court an amount greater than that necessary to	406
satisfy a judgment obtained by the landlord, the balance shall be	407
returned by the court to the tenant or resident.	408

Sec. 1923.15. During any proceeding involving residential	409
premises under this chapter, the court may order an appropriate	410
governmental agency to inspect the residential premises. If the	411
agency determines and the court finds conditions which constitute	412
a violation of section ~~3733.10~~4781.38 or 5321.04 of the Revised	413
Code, and if the premises have been vacated or are to be restored	414
to the landlord, the court may issue an order forbidding the	415
re-rental of the property until such conditions are corrected. If	416
the agency determines and the court finds such conditions, and if	417
the court finds that the tenant or manufactured home park resident	418
may remain in possession, the court may order such conditions	419
corrected. If such conditions have been caused by the tenant or	420
resident, the court may award damages to the landlord equal to the	421
reasonable cost of correcting such conditions.	422

Sec. 2305.01. Except as otherwise provided by this section	423
or section 2305.03 of the Revised Code, the court of common pleas	424
has original jurisdiction in all civil cases in which the sum or	425
matter in dispute exceeds the exclusive original jurisdiction of	426
county courts and appellate jurisdiction from the decisions of	427
boards of county commissioners. The court of common pleas shall	428
not have jurisdiction, in any tort action to which the amounts	429
apply, to award punitive or exemplary damages that exceed the	430
amounts set forth in section 2315.21 of the Revised Code. The	431
court of common pleas shall not have jurisdiction in any tort	432
action to which the limits apply to enter judgment on an award of	433
compensatory damages for noneconomic loss in excess of the limits	434
set forth in section 2315.18 of the Revised Code.	435

The court of common pleas may on its own motion transfer for	436
trial any action in the court to any municipal court in the county	437
having concurrent jurisdiction of the subject matter of, and the	438
parties to, the action, if the amount sought by the plaintiff does	439
not exceed one thousand dollars and if the judge or presiding	440
judge of the municipal court concurs in the proposed transfer.	441
Upon the issuance of an order of transfer, the clerk of courts	442
shall remove to the designated municipal court the entire case	443
file. Any untaxed portion of the common pleas deposit for court	444
costs shall be remitted to the municipal court by the clerk of	445
courts to be applied in accordance with section 1901.26 of the	446
Revised Code, and the costs taxed by the municipal court shall be	447
added to any costs taxed in the common pleas court.	448

The court of common pleas has jurisdiction in any action	449
brought pursuant to division (I) of section ~~3733.11~~4781.40 of the	450
Revised Code if the residential premises that are the subject of	451
the action are located within the territorial jurisdiction of the	452
court.	453

The courts of common pleas of Adams, Athens, Belmont, Brown,	454
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	455
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	456
beyond the north or northwest shore of the Ohio river extending to	457
the opposite shore line, between the extended boundary lines of	458
any adjacent counties or adjacent state. Each of those courts of	459
common pleas has concurrent jurisdiction on the Ohio river with	460
any adjacent court of common pleas that borders on that river and	461
with any court of Kentucky or of West Virginia that borders on the	462
Ohio river and that has jurisdiction on the Ohio river under the	463
law of Kentucky or the law of West Virginia, whichever is	464
applicable, or under federal law.	465

Sec. 2323.05. Within ten days after filing with a court to	466
initiate a foreclosure action against a manufactured home park, a	467
mortgagee shall provide the manufactured homes commission with a	468
written notice of that filing and shall provide the court with a	469
copy of that notice. If the mortgagee does not provide the notice	470
or copy as this section requires, the court shall dismiss the	471
foreclosure action without prejudice. Within thirty days after	472
receiving notice of the filing, the commission shall notify	473
residents in the park of the foreclosure action.	474

Sec. 3701.83. (A) There is hereby created in the state	475
treasury the general operations fund. Moneys in the fund shall be	476
used for the purposes specified in sections 3701.04, 3701.344,	477
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3722.04,	478
3729.07, ~~3733.04,~~ 3733.25, 3733.43, 3748.04, 3748.05, 3748.07,	479
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09	480
of the Revised Code.	481

(B) The alcohol testing program fund is hereby created in the	482
state treasury. The director of health shall use the fund to	483
administer and enforce the alcohol testing and permit program	484
authorized by section 3701.143 of the Revised Code.	485

The fund shall receive transfers from the liquor control fund	486
created under section 4301.12 of the Revised Code. All investment	487
earnings of the alcohol testing program fund shall be credited to	488
the fund.	489

Sec. 3709.085. (A) The board of health of a city or general	490
health district may enter into a contract with any political	491
subdivision or other governmental agency to obtain or provide all	492
or part of any services, including, but not limited to,	493
enforcement services, for the purposes of Chapter 3704. of the	494
Revised Code, the rules adopted and orders made pursuant thereto,	495
or any other ordinances or rules for the prevention, control, and	496
abatement of air pollution.	497

(B)(1) As used in division (B)(2) of this section:

498

(a) "Semipublic disposal system" means a disposal system that	499
treats the sanitary sewage discharged from publicly or privately	500
owned buildings or places of assemblage, entertainment,	501
recreation, education, correction, hospitalization, housing, or	502
employment, but does not include a disposal system that treats	503
sewage in amounts of more than twenty-five thousand gallons per	504
day; a disposal system for the treatment of sewage that is exempt	505
from the requirements of section 6111.04 of the Revised Code	506
pursuant to division (F)(7) of that section; or a disposal system	507
for the treatment of industrial waste.	508

(b) Terms defined in section 6111.01 of the Revised Code have	509
the same meanings as in that section.	510

(2) The board of health of a city or general health district	511
may enter into a contract with the environmental protection agency	512
to conduct on behalf of the agency inspection or enforcement	513
services, for the purposes of Chapter 6111. of the Revised Code	514
and rules adopted thereunder, for the disposal or treatment of	515
sewage from semipublic disposal systems. The board of health of a	516
city or general health district may charge a fee established	517
pursuant to section 3709.09 of the Revised Code to be paid by the	518
owner or operator of a semipublic disposal system for inspections	519
conducted by the board pursuant to a contract entered into under	520
division (B)(2) of this section, except that the board shall not	521
charge a fee for those inspections conducted at any recreational	522
vehicle park, recreation camp, or combined park-camp that is	523
licensed under section 3729.05 of the Revised Code ~~or at any~~	524
~~manufactured home park that is licensed under section 3733.03 of~~	525
~~the Revised Code~~.	526

Sec. 3709.09. (A) The board of health of a city or general	527
health district may, by rule, establish a uniform system of fees	528
to pay the costs of any services provided by the board.	529

The fee for issuance of a certified copy of a vital record or	530
a certification of birth shall not be less than the fee prescribed	531
for the same service under division (A)(1) of section 3705.24 of	532
the Revised Code and shall include the fees required by division	533
(B) of section 3705.24 and section 3109.14 of the Revised Code.	534

Fees for services provided by the board for purposes	535
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	536
3730.03, ~~3733.04,~~ 3733.25, and 3749.04 of the Revised Code shall	537
be established in accordance with rules adopted under division (B)	538
of this section. The district advisory council, in the case of a	539
general health district, and the legislative authority of the	540
city, in the case of a city health district, may disapprove any	541
fee established by the board of health under this division, and	542
any such fee, as disapproved, shall not be charged by the board of	543
health.	544

(B) The public health council shall adopt rules under section	545
111.15 of the Revised Code that establish fee categories and a	546
uniform methodology for use in calculating the costs of services	547
provided for purposes specified in sections 3701.344, 3711.10,	548
3718.06, 3729.07, 3730.03, ~~3733.04,~~ 3733.25, and 3749.04 of the	549
Revised Code. In adopting the rules, the public health council	550
shall consider recommendations it receives from advisory boards	551
established either by statute or the director of health for	552
entities subject to the fees.	553

(C) Except when a board of health establishes a fee by	554
adopting a rule as an emergency measure, the board of health shall	555
hold a public hearing regarding each proposed fee for a service	556
provided by the board for a purpose specified in section 3701.344,	557
3711.10, 3718.06, 3729.07, 3730.03, ~~3733.04,~~ 3733.25, or 3749.04	558
of the Revised Code. If a public hearing is held, at least twenty	559
days prior to the public hearing the board shall give written	560
notice of the hearing to each entity affected by the proposed fee.	561
The notice shall be mailed to the last known address of each	562
entity and shall specify the date, time, and place of the hearing	563
and the amount of the proposed fee.	564

(D) If payment of a fee established under this section is not	565
received by the day on which payment is due, the board of health	566
shall assess a penalty. The amount of the penalty shall be equal	567
to twenty-five per cent of the applicable fee.	568

(E) All rules adopted by a board of health under this section	569
shall be adopted, recorded, and certified as are ordinances of	570
municipal corporations and the record thereof shall be given in	571
all courts the same effect as is given such ordinances, but the	572
advertisements of such rules shall be by publication in one	573
newspaper of general circulation within the health district.	574
Publication shall be made once a week for two consecutive weeks	575
and such rules shall take effect and be in force ten days from the	576
date of the first publication.	577

Sec. 3709.092. (A) A board of health of a city or general	578
health district shall transmit to the director of health all fees	579
or additional amounts that the public health council requires to	580
be collected under sections 3701.344, 3718.06, 3729.07, ~~3733.04,~~	581
3733.25, and 3749.04 of the Revised Code. The fees and amounts	582
shall be transmitted according to the following schedule:	583

(1) For fees and amounts received by the board on or after	584
the first day of January but not later than the thirty-first day	585
of March, transmit the fees and amounts not later than the	586
fifteenth day of May;	587

(2) For fees and amounts received by the board on or after	588
the first day of April but not later than the thirtieth day of	589
June, transmit the fees and amounts not later than the fifteenth	590
day of August;	591

(3) For fees and amounts received by the board on or after	592
the first day of July but not later than the thirtieth day of	593
September, transmit the fees and amounts not later than the	594
fifteenth day of November;	595

(4) For fees and amounts received by the board on or after	596
the first day of October but not later than the thirty-first day	597
of December, transmit the fees and amounts not later than the	598
fifteenth day of February of the following year.	599

(B) The director shall deposit the fees and amounts received	600
under this section into the state treasury to the credit of the	601
general operations fund created in section 3701.83 of the Revised	602
Code. Each amount shall be used solely for the purpose for which	603
it was collected.	604

Sec. 3729.01. As used in this chapter:

605

(A) "Camp operator" means the operator of a recreational	606
vehicle park, recreation camp, combined park-camp, or temporary	607
park-camp.	608

(B) "Campsite user" means a person who enters into a campsite	609
use agreement with a camp operator for the use of a campsite at a	610
recreational vehicle park, recreation camp, combined park-camp, or	611
temporary park-camp.	612

(C) "Combined park-camp" means any tract of land upon which a	613
combination of five or more self-contained recreational vehicles	614
or portable camping units are placed and includes any roadway,	615
building, structure, vehicle, or enclosure used or intended for	616
use as part of the park facilities. A tract of land that is	617
subdivided for lease or other contract of the individual lots is a	618
combined park-camp if a combination of five or more recreational	619
vehicles or portable camping units are placed on it for	620
recreation, vacation, or business purposes.	621

"Combined park-camp" does not include any tract of land used	622
solely as a temporary park-camp or solely as a manufactured home	623
park.	624

(D) "Dependent recreational vehicle" means a recreational	625
vehicle other than a self-contained recreational vehicle.	626
"Dependent recreational vehicle" includes a park model.	627

(E) "Development" means any artificial change to improved or	628
unimproved real estate, including, without limitation, buildings	629
or structures, dredging, filling, grading, paving, excavation or	630
drilling operations, or storage of equipment or materials, and the	631
construction, expansion, or substantial alteration of a	632
recreational vehicle park, recreation camp, or combined park-camp,	633
for which plan review is required under division (A) of section	634
3729.03 of the Revised Code. "Development" does not include the	635
building, construction, erection, or manufacture of any building	636
to which section 3781.06 of the Revised Code is applicable.	637

(F) "Director of health" means the director of health or the	638
director's authorized representative.	639

(G) "Flood" or "flooding" means either of the following:

640

(1) A general and temporary condition of partial or complete	641
inundation of normally dry land areas from any of the following:	642

(a) The overflow of inland or tidal waters;

643

(b) The unusual and rapid accumulation or runoff of surface	644
waters from any source;	645

(c) Mudslides that are proximately caused by flooding as	646
defined in division (G)(1)(b) of this section and that are akin to	647
a river of liquid and flowing mud on the surface of normally dry	648
land areas, as when earth is carried by a current of water and	649
deposited along the path of the current.	650

(2) The collapse or subsidence of land along the shore of a	651
lake or other body of water as a result of erosion or undermining	652
that is caused by waves or currents of water exceeding anticipated	653
cyclical levels or that is suddenly caused by an unusually high	654
water level in a natural body of water, and that is accompanied by	655
a severe storm, by an unanticipated force of nature, such as a	656
flash flood, by an abnormal tidal surge, or by some similarly	657
unusual and unforeseeable event, that results in flooding as	658
defined in division (G)(1)(a) of this section.	659

(H) "Flood plain" means the area adjoining any river, stream,	660
watercourse, or lake that has been or may be covered by flood	661
water.	662

(I) "Licensor" means either the board of health of a city or	663
general health district, or the authority having the duties of a	664
board of health in any city as authorized by section 3709.05 of	665
the Revised Code, or the director of health, when required under	666
division (B) of section 3729.06 of the Revised Code. "Licensor"	667
also means an authorized representative of any of those entities	668
or of the director.	669

(J) "Manufactured home park" has the same meaning as in	670
section ~~3733.01~~4781.01 of the Revised Code.	671

(K) "One-hundred-year flood" means a flood having a one per	672
cent chance of being equaled or exceeded in any given year.	673

(L) "One-hundred-year flood plain" means that portion of a	674
flood plain inundated by a one-hundred-year flood.	675

(M) "Operator" means the person who has responsible charge of	676
a recreational vehicle park, recreation camp, combined park-camp,	677
or temporary park-camp and who is licensed under this chapter.	678

(N) "Park model" means a recreational vehicle that meets the	679
American national standard institute standard A119.5(1988) for	680
park trailers, is built on a single chassis, has a gross trailer	681
area of not more than four hundred square feet when set up, is	682
designed for seasonal or temporary living quarters, and may be	683
connected to utilities necessary for operation of installed	684
features and appliances.	685

(O) "Person" has the same meaning as in section 1.59 of the	686
Revised Code and also includes this state, any political	687
subdivision of this state, and any other state or local body of	688
this state.	689

(P) "Portable camping units" means dependent recreational	690
vehicles, tents, portable sleeping equipment, and similar camping	691
equipment used for travel, recreation, vacation, or business	692
purposes.	693

(Q) "Recreation camp" means any tract of land upon which five	694
or more portable camping units are placed and includes any	695
roadway, building, structure, vehicle, or enclosure used or	696
intended for use as a part of the facilities of the camp. A tract	697
of land that is subdivided for lease or other contract of the	698
individual lots is a recreation camp if five or more portable	699
camping units are placed on it for recreation, vacation, or	700
business purposes.	701

"Recreation camp" does not include any tract of land used	702
solely for the storage or display for sale of dependent	703
recreational vehicles, solely as a temporary park-camp, or solely	704
as a manufactured home park.	705

(R) "Recreational vehicle" has the same meaning as in section	706
4501.01 of the Revised Code.	707

(S) "Recreational vehicle park" means any tract of land used	708
for parking five or more self-contained recreational vehicles and	709
includes any roadway, building, structure, vehicle, or enclosure	710
used or intended for use as part of the park facilities and any	711
tract of land that is subdivided for lease or other contract of	712
the individual lots for the express or implied purpose of placing	713
self-contained recreational vehicles for recreation, vacation, or	714
business purposes.	715

"Recreational vehicle park" does not include any tract of	716
land used solely for the storage or display for sale of	717
self-contained recreational vehicles, solely as a temporary	718
park-camp, or solely as a manufactured home park.	719

(T) "Self-contained recreational vehicle" means a	720
recreational vehicle that can operate independent of connections	721
to sewer and water and has plumbing fixtures or appliances all of	722
which are connected to sewage holding tanks located within the	723
vehicle. "Self-contained recreational vehicle" includes a park	724
model.	725

(U) "Substantially alter" means a change in the layout or	726
design of a recreational vehicle park, recreation camp, combined	727
park-camp, or temporary park-camp, including, without limitation,	728
the movement of utilities or changes in established streets, lots,	729
or sites or in other facilities.	730

(V) "Temporary park-camp" means any tract of land used for a	731
period not to exceed a total of twenty-one days per calendar year	732
for the purpose of parking five or more recreational vehicles,	733
dependent recreational vehicles, or portable camping units, or any	734
combination thereof, for one or more periods of time that do not	735
exceed seven consecutive days or parts thereof.	736

(W) "Tract" means a contiguous area of land that consists of	737
one or more parcels, lots, or sites that have been separately	738
surveyed regardless of whether the individual parcels, lots, or	739
sites have been recorded and regardless of whether the one or more	740
parcels, lots, or sites are under common or different ownership.	741

Sec. 3733.11. (A)(1) ~~The~~A manufactured home park operator	742
shall offer each home owner a written rental agreement for a	743
manufactured home park lot for a term of one year or more that	744
contains terms essentially the same as any alternative	745
month-to-month rental agreement offered to current and prospective	746
tenants and owners. The park operator shall offer the minimum	747
one-year rental agreement to the owner prior to installation of	748
the home in the manufactured home park or, if the home is in the	749
manufactured home park, prior to the expiration of the owner's	750
existing rental agreement.	751

(2) The park operator shall deliver the offer to the owner by	752
certified mail, return receipt requested, or in person. If the	753
park operator delivers the offer to the owner in person, the owner	754
shall complete a return showing receipt of the offer. If the owner	755
does not accept the offer, the park operator is discharged from	756
any obligation to make any further such offers. If the owner	757
accepts the offer, the park operator shall, at the expiration of	758
each successive rental agreement, offer the owner another rental	759
agreement, for a term that is mutually agreed upon, and that	760
contains terms essentially the same as the alternative	761
month-to-month agreement. The park operator shall deliver	762
subsequent rental offers by ordinary mail or personal delivery. If	763
the park operator sells the manufactured home park to another	764
manufactured home park operator, the purchaser is bound by the	765
rental agreements entered into by the purchaser's predecessor.	766

~~(3) If the park operator sells the manufactured home park for~~	767
~~a use other than as a manufactured home park, the park operator~~	768
~~shall give each tenant and owner a written notification by~~	769
~~certified mail, return receipt requested, or by handing it to the~~	770
~~tenant or owner in person. If the park operator delivers the~~	771
~~notification in person, the recipient shall complete a return~~	772
~~showing receipt of the notification. This notification shall~~	773
~~contain notice of the sale of the manufactured home park, and~~	774
~~notice of the date by which the tenant or owner shall vacate. The~~	775
~~date by which the tenant shall vacate shall be at least one~~	776
~~hundred twenty days after receipt of the written notification, and~~	777
~~the date by which the owner shall vacate shall be at least one~~	778
~~hundred eighty days after receipt of the written notification.~~	779

(B) A park operator shall fully disclose in writing all fees,	780
charges, assessments, including rental fees, and rules prior to a	781
tenant or owner executing a rental agreement and assuming	782
occupancy in the manufactured home park. No fees, charges,	783
assessments, or rental fees so disclosed may be increased nor	784
rules changed by a park operator without specifying the date of	785
implementation of the changed fees, charges, assessments, rental	786
fees, or rules, which date shall be not less than thirty days	787
after written notice of the change and its effective date to all	788
tenants or owners in the manufactured home park, and no fee,	789
charge, assessment, or rental fee shall be increased during the	790
term of any tenant's or owner's rental agreement. Failure on the	791
part of the park operator to fully disclose all fees, charges, or	792
assessments shall prevent the park operator from collecting the	793
undisclosed fees, charges, or assessments. If a tenant or owner	794
refuses to pay any undisclosed fees, charges, or assessments, the	795
refusal shall not be used by the park operator as a cause for	796
eviction in any court.	797

(C) A park operator shall promulgate rules governing the	798
rental or occupancy of a lot in the manufactured home park. The	799
rules shall not be unreasonable, arbitrary, or capricious. A copy	800
of the rules and any amendments to them shall be delivered by the	801
park operator to the tenant or owner prior to signing the rental	802
agreement. A copy of the rules and any amendments to them shall be	803
posted in a conspicuous place upon the manufactured home park	804
grounds.	805

(D) No park operator shall require an owner to purchase from	806
the park operator any personal property. The park operator may	807
determine by rule the style or quality of skirting, equipment for	808
tying down homes, manufactured or mobile home accessories, or	809
other equipment to be purchased by an owner from a vendor of the	810
owner's choosing, provided that the equipment is readily available	811
to the owner. Any such equipment shall be installed in accordance	812
with the manufactured home park rules.	813

(E) No park operator shall charge any owner who chooses to	814
install an electric or gas appliance in a home an additional fee	815
solely on the basis of the installation, unless the installation	816
is performed by the park operator at the request of the owner, nor	817
shall the park operator restrict the installation, service, or	818
maintenance of the appliance, restrict the ingress or egress of	819
repairpersons to the manufactured home park for the purpose of	820
installation, service, or maintenance of the appliance, nor	821
restrict the making of any interior improvement in a home, if the	822
installation or improvement is in compliance with applicable	823
building codes and other provisions of law and if adequate utility	824
services are available for the installation or improvement.	825

(F) No park operator shall require a tenant to lease or an	826
owner to purchase a manufactured or mobile home from the park	827
operator or any specific person as a condition of or prerequisite	828
to entering into a rental agreement.	829

(G) No park operator shall require an owner to use the	830
services of the park operator or any other specific person for	831
installation of the manufactured or mobile home on the residential	832
premises or for the performance of any service.	833

(H) No park operator shall:

834

(1) Deny any owner the right to sell the owner's manufactured	835
home within the manufactured home park if the owner gives the park	836
operator ten days' notice of the intention to sell the home;	837

(2) Require the owner to remove the home from the	838
manufactured home park solely on the basis of the sale of the	839
home;	840

(3) Unreasonably refuse to enter into a rental agreement with	841
a purchaser of a home located within the operator's manufactured	842
home park;	843

(4) Charge any tenant or owner any fee, charge, or	844
assessment, including a rental fee, that is not set forth in the	845
rental agreement or, if the rental agreement is oral, is not set	846
forth in a written disclosure given to the tenant or owner prior	847
to the tenant or owner entering into a rental agreement;	848

(5) Charge any owner any fee, charge, or assessment because	849
of the transfer of ownership of a home or because a home is moved	850
out of or into the manufactured home park, except a charge for the	851
actual costs and expenses that are incurred by the park operator	852
in moving the home out of or into the manufactured home park, or	853
in installing the home in the manufactured home park and that have	854
not been reimbursed by another tenant or owner.	855

(6) Prohibit the indoor or outdoor display either of a for	856
sale sign by an owner on that owner's lot, including a sign that	857
indicates the owner is offering the property for sale by owner, or	858
of a political sign by a tenant or owner on that tenant's or	859
owner's lot, if the tenant or owner displaying the sign complies	860
with all applicable sections of the Revised Code and all	861
applicable municipal and county ordinance and resolutions	862
regulating the display of such a sign. As used in this section,	863
"political sign" means a sign that advertises, promotes, endorses,	864
or opposes an issue that has been certified to appear on the	865
ballot, or a candidate whose name has been certified to appear on	866
the ballot, at the next general, special, or primary election.	867

(I) If the park operator violates any provision of divisions	868
(A) to (H) of this section, the tenant or owner may ~~recover~~	869
commence a civil action against the park operator for either or	870
both of the following:	871

(1) The greater of twenty-five dollars or the actual damages	872
resulting from the violation, and, if the tenant or owner obtains	873
a judgment, reasonable attorneys' fees~~, or terminate~~;	874

(2) Termination of the rental agreement.

875

(J) No rental agreement shall require a tenant or owner to	876
sell, lease, or sublet the tenant's or owner's interest in the	877
rental agreement or the manufactured or mobile home that is or	878
will be located on the lot that is the subject of the rental	879
agreement to any specific person or through any specific person as	880
the person's agent.	881

(K) No park operator shall enter into a rental agreement with	882
the owner of a manufactured or mobile home for the use of	883
residential premises, if the rental agreement requires the owner	884
of the home, as a condition to the owner's renting, occupying, or	885
remaining on the residential premises, to pay the park operator or	886
any other person specified in the rental agreement a fee or any	887
sum of money based on the sale of the home, unless the owner of	888
the home uses the park operator or other person as the owner's	889
agent in the sale of the home.	890

(L) A park operator and a tenant or owner may include in a	891
rental agreement any terms and conditions, including any term	892
relating to rent, the duration of an agreement, and any other	893
provisions governing the rights and obligations of the parties	894
that are not inconsistent with or prohibited by sections 3733.09	895
to 3733.20 of the Revised Code or any other rule of law.	896

(M) Notwithstanding any other provision of the Revised Code,	897
the owner of a manufactured or mobile home ~~that was previously~~	898
~~titled by a dealer~~ may utilize the services of a manufactured ~~home~~	899
housing dealer or broker licensed under Chapter 4517. of the	900
Revised Code or a person properly licensed under Chapter 4735. of	901
the Revised Code to sell or lease the home.	902

Sec. 3733.111. (A) Within ten days after a manufactured home	903
park is offered for sale, the operator of that park shall notify	904
the manufactured homes commission and advise it of that sale. The	905
commission promptly shall notify persons that are interested in	906
the sale or purchase of manufactured home parks, including persons	907
included on the list the commission develops pursuant to section	908
4781.60 of the Revised Code.	909

(B) At any time a manufactured home park is being sold or	910
converted for a use other than as a manufactured home park, the	911
operator shall do both of the following:	912

(1) Provide each tenant and owner with written notice of the	913
sale or conversion of the park. The notice shall be delivered by	914
certified mail, return receipt requested, or by personal delivery.	915
If the park operator delivers the notice in person, the operator	916
shall have the recipient complete a return showing receipt of the	917
notice. The notice shall include the date by which the tenant or	918
owner must vacate, which for tenants shall be at least one hundred	919
twenty days after receipt of the written notice and for owners	920
shall be at least one hundred eighty days after receipt of the	921
written notice.	922

(2) Pay relocation expenses to owners of homes in an amount	923
the commission establishes by rule pursuant to section 4781.60 of	924
the Revised Code.	925

(C) Within ten days after a mortgagee files to initiate a	926
foreclosure action against a manufactured home park, the mortgagee	927
shall provide written notice of that filing to the manufactured	928
homes commission and a copy of that notice to the court, as	929
section 2323.05 of the Revised Code requires.	930

Sec. 3733.41. As used in sections 3733.41 to 3733.49 of the	931
Revised Code:	932

(A) "Agricultural labor camp" means one or more buildings or	933
structures, trailers, tents, or vehicles, together with any land	934
appertaining thereto, established, operated, or used as temporary	935
living quarters for two or more families or five or more persons	936
intending to engage in or engaged in agriculture or related food	937
processing, whether occupancy is by rent, lease, or mutual	938
agreement. "Agricultural labor camp" does not include a hotel or	939
motel, or a ~~trailer~~manufactured home park as defined and	940
regulated pursuant to sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	941
of the Revised Code, and rules adopted thereunder.	942

(B) "Board of health" means the board of health of a city or	943
general health district or the authority having the duties of a	944
board of health in any city as authorized by section 3709.05 of	945
the Revised Code or an authorized representative of the board of	946
health.	947

(C) "Director" means the director of the department of health	948
or ~~his~~the authorized representative of the director of health.	949

(D) "Licensor" means the director of health.

950

(E) "Person" means the state, any political subdivision,	951
public or private corporation, partnership, association, trust,	952
individual, or other entity.	953

(F) "Public health council" means the public health council	954
as created by section 3701.33 of the Revised Code.	955

Sec. 3733.99. (A) ~~Whoever violates division (A) of section~~	956
~~3733.08 of the Revised Code is guilty of a misdemeanor of the~~	957
~~fourth degree.~~	958

~~(B)~~ Whoever violates section 3733.30 of the Revised Code is	959
guilty of a minor misdemeanor. Each day that such violation	960
continues is a separate offense.	961

~~(C)~~(B) Whoever violates section 3733.48 of the Revised Code	962
is guilty of a minor misdemeanor.	963

Sec. 3781.06. (A)~~(1)~~ Any building that may be used as a	964
place of resort, assembly, education, entertainment, lodging,	965
dwelling, trade, manufacture, repair, storage, traffic, or	966
occupancy by the public, any residential building, and all other	967
buildings or parts and appurtenances of those buildings erected	968
within this state, shall be so constructed, erected, equipped, and	969
maintained that they shall be safe and sanitary for their intended	970
use and occupancy.	971

~~(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the~~	972
~~Revised Code shall be construed to limit the power of the public~~	973
~~health council to adopt rules of uniform application governing~~	974
~~manufactured home parks pursuant to section 3733.02 of the Revised~~	975
~~Code.~~	976

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	977
Code do not apply to either of the following:	978

(1) Buildings or structures that are incident to the use for	979
agricultural purposes of the land on which the buildings or	980
structures are located, provided those buildings or structures are	981
not used in the business of retail trade. For purposes of this	982
division, a building or structure is not considered used in the	983
business of retail trade if fifty per cent or more of the gross	984
income received from sales of products in the building or	985
structure by the owner or operator is from sales of products	986
produced or raised in a normal crop year on farms owned or	987
operated by the seller.	988

(2) Existing single-family, two-family, and three-family	989
detached dwelling houses for which applications have been	990
submitted to the director of job and family services pursuant to	991
section 5104.03 of the Revised Code for the purposes of operating	992
type A family day-care homes as defined in section 5104.01 of the	993
Revised Code.	994

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	995
Revised Code:	996

(1) "Agricultural purposes" include agriculture, farming,	997
dairying, pasturage, apiculture, horticulture, floriculture,	998
viticulture, ornamental horticulture, olericulture, pomiculture,	999
and animal and poultry husbandry.	1000

(2) "Building" means any structure consisting of foundations,	1001
walls, columns, girders, beams, floors, and roof, or a combination	1002
of any number of these parts, with or without other parts or	1003
appurtenances.	1004

(3) "Industrialized unit" means a building unit or assembly	1005
of closed construction fabricated in an off-site facility, that is	1006
substantially self-sufficient as a unit or as part of a greater	1007
structure, and that requires transportation to the site of	1008
intended use. "Industrialized unit" includes units installed on	1009
the site as independent units, as part of a group of units, or	1010
incorporated with standard construction methods to form a	1011
completed structural entity. "Industrialized unit" does not	1012
include a manufactured home as defined by division (C)(4) of this	1013
section or a mobile home as defined by division (O) of section	1014
4501.01 of the Revised Code.	1015

(4) "Manufactured home" means a building unit or assembly of	1016
closed construction that is fabricated in an off-site facility and	1017
constructed in conformance with the federal construction and	1018
safety standards established by the secretary of housing and urban	1019
development pursuant to the "Manufactured Housing Construction and	1020
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	1021
5403, and that has a permanent label or tag affixed to it, as	1022
specified in 42 U.S.C.A. 5415, certifying compliance with all	1023
applicable federal construction and safety standards.	1024

(5) "Permanent foundation" means permanent masonry, concrete,	1025
or a footing or foundation approved by the manufactured homes	1026
commission pursuant to Chapter 4781. of the Revised Code, to which	1027
a manufactured or mobile home may be affixed.	1028

(6) "Permanently sited manufactured home" means a	1029
manufactured home that meets all of the following criteria:	1030

(a) The structure is affixed to a permanent foundation and is	1031
connected to appropriate facilities;	1032

(b) The structure, excluding any addition, has a width of at	1033
least twenty-two feet at one point, a length of at least	1034
twenty-two feet at one point, and a total living area, excluding	1035
garages, porches, or attachments, of at least nine hundred square	1036
feet;	1037

(c) The structure has a minimum 3:12 residential roof pitch,	1038
conventional residential siding, and a six-inch minimum eave	1039
overhang, including appropriate guttering;	1040

(d) The structure was manufactured after January 1, 1995;

1041

(e) The structure is not located in a manufactured home park	1042
as defined by section ~~3733.01~~4781.01 of the Revised Code.	1043

(7) "Safe," with respect to a building, means it is free from	1044
danger or hazard to the life, safety, health, or welfare of	1045
persons occupying or frequenting it, or of the public and from	1046
danger of settlement, movement, disintegration, or collapse,	1047
whether such danger arises from the methods or materials of its	1048
construction or from equipment installed therein, for the purpose	1049
of lighting, heating, the transmission or utilization of electric	1050
current, or from its location or otherwise.	1051

(8) "Sanitary," with respect to a building, means it is free	1052
from danger or hazard to the health of persons occupying or	1053
frequenting it or to that of the public, if such danger arises	1054
from the method or materials of its construction or from any	1055
equipment installed therein, for the purpose of lighting, heating,	1056
ventilating, or plumbing.	1057

(9) "Residential building" means a one-family, two-family, or	1058
three-family dwelling house, and any accessory structure	1059
incidental to that dwelling house. "Residential building" includes	1060
a one-family, two-family, or three-family dwelling house that is	1061
used as a model to promote the sale of a similar dwelling house.	1062
"Residential building" does not include an industrialized unit as	1063
defined by division (C)(3) of this section, a manufactured home as	1064
defined by division (C)(4) of this section, or a mobile home as	1065
defined by division (O) of section 4501.01 of the Revised Code.	1066

(10) "Nonresidential building" means any building that is not	1067
a residential building or a manufactured or mobile home.	1068

(11) "Accessory structure" means a structure that is attached	1069
to a residential building and serves the principal use of the	1070
residential building. "Accessory structure" includes, but is not	1071
limited to, a garage, porch, or screened-in patio.	1072

Sec. 4503.061. (A) All manufactured and mobile homes shall	1073
be listed on either the real property tax list or the manufactured	1074
home tax list of the county in which the home has situs. Each	1075
owner shall follow the procedures in this section to identify the	1076
home to the county auditor of the county containing the taxing	1077
district in which the home has situs so that the auditor may place	1078
the home on the appropriate tax list.	1079

(B) When a manufactured or mobile home first acquires situs	1080
in this state and is subject to real property taxation pursuant to	1081
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	1082
owner shall present to the auditor of the county containing the	1083
taxing district in which the home has its situs the certificate of	1084
title for the home, together with proof that all taxes due have	1085
been paid and proof that a relocation notice was obtained for the	1086
home if required under this section. Upon receiving the	1087
certificate of title and the required proofs, the auditor shall	1088
place the home on the real property tax list and proceed to treat	1089
the home as other properties on that list. After the auditor has	1090
placed the home on the tax list of real and public utility	1091
property, the auditor shall deliver the certificate of title to	1092
the clerk of the court of common pleas that issued it pursuant to	1093
section 4505.11 of the Revised Code, and the clerk shall	1094
inactivate the certificate of title.	1095

(C)(1) When a manufactured or mobile home subject to a	1096
manufactured home tax is relocated to or first acquires situs in	1097
any county that has adopted a permanent manufactured home	1098
registration system, as provided in division (F) of this section,	1099
the owner, within thirty days after the home is relocated or first	1100
acquires situs under section 4503.06 of the Revised Code, shall	1101
register the home with the county auditor of the county containing	1102
the taxing district in which the home has its situs. For the first	1103
registration in each county of situs, the owner or vendee in	1104
possession shall present to the county auditor an Ohio certificate	1105
of title, certified copy of the certificate of title, or	1106
memorandum certificate of title as such are required by law, and	1107
proof, as required by the county auditor, that the home, if it has	1108
previously been occupied and is being relocated, has been	1109
previously registered, that all taxes due and required to be paid	1110
under division (H)(1) of this section before a relocation notice	1111
may be issued have been paid, and that a relocation notice was	1112
obtained for the home if required by division (H) of this section.	1113
If the owner or vendee does not possess the Ohio certificate of	1114
title, certified copy of the certificate of title, or memorandum	1115
certificate of title at the time the owner or vendee first	1116
registers the home in a county, the county auditor shall register	1117
the home without presentation of the document, but the owner or	1118
vendee shall present the certificate of title, certified copy of	1119
the certificate of title, or memorandum certificate of title to	1120
the county auditor within fourteen days after the owner or vendee	1121
obtains possession of the document.	1122

(2) When a manufactured or mobile home is registered for the	1123
first time in a county and when the total tax due has been paid as	1124
required by division (F) of section 4503.06 of the Revised Code or	1125
divisions (E) and (H) of this section, the county treasurer shall	1126
note by writing or by a stamp on the certificate of title,	1127
certified copy of certificate of title, or memorandum certificate	1128
of title that the home has been registered and that the taxes due,	1129
if any, have been paid for the preceding five years and for the	1130
current year. The treasurer shall then issue a certificate	1131
evidencing registration and a decal to be displayed on the street	1132
side of the home. The certificate is valid in any county in this	1133
state during the year for which it is issued.	1134

(3) For each year thereafter, the county treasurer shall	1135
issue a tax bill stating the amount of tax due under section	1136
4503.06 of the Revised Code, as provided in division (D)(6) of	1137
that section. When the total tax due has been paid as required by	1138
division (F) of that section, the county treasurer shall issue a	1139
certificate evidencing registration that shall be valid in any	1140
county in this state during the year for which the certificate is	1141
issued.	1142

(4) The permanent decal issued under this division is valid	1143
during the period of ownership, except that when a manufactured	1144
home is relocated in another county the owner shall apply for a	1145
new registration as required by this section and section 4503.06	1146
of the Revised Code.	1147

(D)(1) All owners of manufactured or mobile homes subject to	1148
the manufactured home tax being relocated to or having situs in a	1149
county that has not adopted a permanent registration system, as	1150
provided in division (F) of this section, shall register the home	1151
within thirty days after the home is relocated or first acquires	1152
situs under section 4503.06 of the Revised Code and thereafter	1153
shall annually register the home with the county auditor of the	1154
county containing the taxing district in which the home has its	1155
situs.	1156

(2) Upon the annual registration, the county treasurer shall	1157
issue a tax bill stating the amount of annual manufactured home	1158
tax due under section 4503.06 of the Revised Code, as provided in	1159
division (D)(6) of that section. When a manufactured or mobile	1160
home is registered and when the tax for the current one-half year	1161
has been paid as required by division (F) of that section, the	1162
county treasurer shall issue a certificate evidencing registration	1163
and a decal. The certificate and decal are valid in any county in	1164
this state during the year for which they are issued. The decal	1165
shall be displayed on the street side of the home.	1166

(3) For the first annual registration in each county of	1167
situs, the county auditor shall require the owner or vendee to	1168
present an Ohio certificate of title, certified copy of the	1169
certificate of title, or memorandum certificate of title as such	1170
are required by law, and proof, as required by the county auditor,	1171
that the manufactured or mobile home has been previously	1172
registered, if such registration was required, that all taxes due	1173
and required to be paid under division (H)(1) of this section	1174
before a relocation notice may be issued have been paid, and that	1175
a relocation notice was obtained for the home if required by	1176
division (H) of this section. If the owner or vendee does not	1177
possess the Ohio certificate of title, certified copy of the	1178
certificate of title, or memorandum certificate of title at the	1179
time the owner or vendee first registers the home in a county, the	1180
county auditor shall register the home without presentation of the	1181
document, but the owner or vendee shall present the certificate of	1182
title, certified copy of the certificate of title, or memorandum	1183
certificate of title to the county auditor within fourteen days	1184
after the owner or vendee obtains possession of the document. When	1185
the county treasurer receives the tax payment, the county	1186
treasurer shall note by writing or by a stamp on the certificate	1187
of title, certified copy of the certificate of title, or	1188
memorandum certificate of title that the home has been registered	1189
for the current year and that the manufactured home taxes due, if	1190
any, have been paid for the preceding five years and for the	1191
current year.	1192

(4) For subsequent annual registrations, the auditor may	1193
require the owner or vendee in possession to present an Ohio	1194
certificate of title, certified copy of the certificate of title,	1195
or memorandum certificate of title to the county treasurer upon	1196
payment of the manufactured home tax that is due.	1197

(E)(1) Upon the application to transfer ownership of a	1198
manufactured or mobile home for which manufactured home taxes are	1199
paid pursuant to division (C) of section 4503.06 of the Revised	1200
Code the clerk of the court of common pleas shall not issue any	1201
certificate of title that does not contain or have attached both	1202
of the following:	1203

(a) An endorsement of the county treasurer stating that the	1204
home has been registered for each year of ownership and that all	1205
manufactured home taxes imposed pursuant to section 4503.06 of the	1206
Revised Code have been paid or that no tax is due;	1207

(b) An endorsement of the county auditor that the	1208
manufactured home transfer tax imposed pursuant to section 322.06	1209
of the Revised Code and any fees imposed under division (G) of	1210
section 319.54 of the Revised Code have been paid.	1211

(2) If all the taxes have not been paid, the clerk shall	1212
notify the vendee to contact the county treasurer of the county	1213
containing the taxing district in which the home has its situs at	1214
the time of the proposed transfer. The county treasurer shall then	1215
collect all the taxes that are due for the year of the transfer	1216
and all previous years not exceeding a total of five years. The	1217
county treasurer shall distribute that part of the collection owed	1218
to the county treasurer of other counties if the home had its	1219
situs in another county during a particular year when the unpaid	1220
tax became due and payable. The burden to prove the situs of the	1221
home in the years that the taxes were not paid is on the	1222
transferor of the home. Upon payment of the taxes, the county	1223
auditor shall remove all remaining taxes from the manufactured	1224
home tax list and the delinquent manufactured home tax list, and	1225
the county treasurer shall release all liens for such taxes. The	1226
clerk of courts shall issue a certificate of title, free and clear	1227
of all liens for manufactured home taxes, to the transferee of the	1228
home.	1229

(3) Once the transfer is complete and the certificate of	1230
title has been issued, the transferee shall register the	1231
manufactured or mobile home pursuant to division (C) or (D) of	1232
this section with the county auditor of the county containing the	1233
taxing district in which the home remains after the transfer or,	1234
if the home is relocated to another county, with the county	1235
auditor of the county to which the home is relocated. The	1236
transferee need not pay the annual tax for the year of acquisition	1237
if the original owner has already paid the annual tax for that	1238
year.	1239

(F) The county auditor may adopt a permanent registration	1240
system and issue a permanent decal with the first registration as	1241
prescribed by the tax commissioner.	1242

(G) When any manufactured or mobile home required to be	1243
registered by this section is not registered, the county auditor	1244
shall impose a penalty of one hundred dollars upon the owner and	1245
deposit the amount to the credit of the county real estate	1246
assessment fund to be used to pay the costs of administering this	1247
section and section 4503.06 of the Revised Code. If unpaid, the	1248
penalty shall constitute a lien on the home and shall be added by	1249
the county auditor to the manufactured home tax list for	1250
collection.	1251

(H)(1) Except as otherwise provided in this division, before	1252
moving a manufactured or mobile home on public roads from one	1253
address within this state to another address within or outside	1254
this state, the owner of the home shall obtain a relocation	1255
notice, as provided by this section, from the auditor of the	1256
county in which the home is located if the home is currently	1257
subject to taxation pursuant to section 4503.06 of the Revised	1258
Code. The auditor shall charge five dollars for the notice, and	1259
deposit the amount to the credit of the county real estate	1260
assessment fund to be used to pay the costs of administering this	1261
section and section 4503.06 of the Revised Code. The auditor shall	1262
not issue a relocation notice unless all taxes owed on the home	1263
under section 4503.06 of the Revised Code that were first charged	1264
to the home during the period of ownership of the owner seeking	1265
the relocation notice have been paid. If the home is being moved	1266
by a new owner of the home or by a party taking repossession of	1267
the home, the auditor shall not issue a relocation notice unless	1268
all of the taxes due for the preceding five years and for the	1269
current year have been paid. A relocation notice issued by a	1270
county auditor is valid until the last day of December of the year	1271
in which it was issued.	1272

If the home is being moved by a sheriff, police officer,	1273
constable, bailiff, or manufactured home park operator, as defined	1274
in section ~~3733.01~~4781.01 of the Revised Code, or any agent of	1275
any of these persons, for purposes of removal from a manufactured	1276
home park and storage, sale, or destruction under section 1923.14	1277
of the Revised Code, the auditor shall issue a relocation notice	1278
without requiring payment of any taxes owed on the home under	1279
section 4503.06 of the Revised Code.	1280

(2) If a manufactured or mobile home is not yet subject to	1281
taxation under section 4503.06 of the Revised Code, the owner of	1282
the home shall obtain a relocation notice from the dealer of the	1283
home. Within thirty days after the manufactured or mobile home is	1284
purchased, the dealer of the home shall provide the auditor of the	1285
county in which the home is to be located written notice of the	1286
name of the purchaser of the home, the registration number or	1287
vehicle identification number of the home, and the address or	1288
location to which the home is to be moved. The county auditor	1289
shall provide to each manufactured and mobile home dealer, without	1290
charge, a supply of relocation notices to be distributed to	1291
purchasers pursuant to this section.	1292

(3) The notice shall be in the form of a one-foot square	1293
yellow sign with the words "manufactured home relocation notice"	1294
printed prominently on it. The name of the owner of the home, the	1295
home's registration number or vehicle identification number, the	1296
county and the address or location to which the home is being	1297
moved, and the county in which the notice is issued shall also be	1298
entered on the notice.	1299

(4) The relocation notice must be attached to the rear of the	1300
home when the home is being moved on a public road. Except as	1301
provided in divisions (H)(1) and (5) of this section, no person	1302
shall drive a motor vehicle moving a manufactured or mobile home	1303
on a public road from one address to another address within this	1304
state unless a relocation notice is attached to the rear of the	1305
home.	1306

(5) If the county auditor determines that a manufactured or	1307
mobile home has been moved without a relocation notice as required	1308
under this division, the auditor shall impose a penalty of one	1309
hundred dollars upon the owner of the home and upon the person who	1310
moved the home and deposit the amount to the credit of the county	1311
real estate assessment fund to pay the costs of administering this	1312
section and section 4503.06 of the Revised Code. If the home was	1313
relocated from one county in this state to another county in this	1314
state and the county auditor of the county to which the home was	1315
relocated imposes the penalty, that county auditor, upon	1316
collection of the penalty, shall cause an amount equal to the	1317
penalty to be transmitted from the county real estate assessment	1318
fund to the county auditor of the county from which the home was	1319
relocated, who shall deposit the amount to the credit of the	1320
county real estate assessment fund. If the penalty on the owner is	1321
unpaid, the penalty shall constitute a lien on the home and the	1322
auditor shall add the penalty to the manufactured home tax list	1323
for collection. If the county auditor determines that a dealer	1324
that has sold a manufactured or mobile home has failed to timely	1325
provide the information required under this division, the auditor	1326
shall impose a penalty upon the dealer in the amount of one	1327
hundred dollars. The penalty shall be credited to the county real	1328
estate assessment fund and used to pay the costs of administering	1329
this section and section 4503.06 of the Revised Code.	1330

(I) Whoever violates division (H)(4) of this section is	1331
guilty of a minor misdemeanor.	1332

Sec. 4503.062. (A) Every operator of a manufactured home	1333
court, or manufactured home park, as defined in section ~~3733.01~~	1334
4781.01 of the Revised Code, or when there is no operator, every	1335
owner of property used for such purposes on which three or more	1336
manufactured or mobile homes are located, shall keep a register of	1337
all manufactured and mobile homes that make use of the court,	1338
park, or property. The register shall contain all of the	1339
following:	1340

(1) The name of the owner and all inhabitants of each home;

1341

(2) The ages of all inhabitants of each home;

1342

(3) The permanent and temporary post office addresses of all	1343
inhabitants of each home;	1344

(4) The license number of each home;

1345

(5) The state issuing each such license;

1346

(6) The date of arrival and of departure of each home;

1347

(7) The make and model of each home, if known and if either	1348
of the following applies:	1349

(a) The home enters the court, park, or property on or after	1350
January 1, 2003.	1351

(b) Ownership of the home in the court or park, or on the	1352
property, is transferred on or after January 1, 2003.	1353

(B) The register shall be open to inspection by the county	1354
auditor, the county treasurer, agents of the auditor or treasurer,	1355
and all law enforcement agencies at all times.	1356

(C) Any person who fails to comply with this section shall be	1357
fined not less than twenty-five nor more than one hundred dollars.	1358

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	1359
Revised Code:	1360

(A) "Persons" includes individuals, firms, partnerships,	1361
associations, joint stock companies, corporations, and any	1362
combinations of individuals.	1363

(B) "Motor vehicle" means motor vehicle as defined in section	1364
4501.01 of the Revised Code and also includes "all-purpose	1365
vehicle" and "off-highway motorcycle" as those terms are defined	1366
in section 4519.01 of the Revised Code. "Motor vehicle" does not	1367
include a snowmobile as defined in section 4519.01 of the Revised	1368
Code or manufactured and mobile homes.	1369

(C) "New motor vehicle" means a motor vehicle, the legal	1370
title to which has never been transferred by a manufacturer,	1371
remanufacturer, distributor, or dealer to an ultimate purchaser.	1372

(D) "Ultimate purchaser" means, with respect to any new motor	1373
vehicle, the first person, other than a dealer purchasing in the	1374
capacity of a dealer, who in good faith purchases such new motor	1375
vehicle for purposes other than resale.	1376

(E) "Business" includes any activities engaged in by any	1377
person for the object of gain, benefit, or advantage either direct	1378
or indirect.	1379

(F) "Engaging in business" means commencing, conducting, or	1380
continuing in business, or liquidating a business when the	1381
liquidator thereof holds self out to be conducting such business;	1382
making a casual sale or otherwise making transfers in the ordinary	1383
course of business when the transfers are made in connection with	1384
the disposition of all or substantially all of the transferor's	1385
assets is not engaging in business.	1386

(G) "Retail sale" or "sale at retail" means the act or	1387
attempted act of selling, bartering, exchanging, or otherwise	1388
disposing of a motor vehicle to an ultimate purchaser for use as a	1389
consumer.	1390

(H) "Retail installment contract" includes any contract in	1391
the form of a note, chattel mortgage, conditional sales contract,	1392
lease, agreement, or other instrument payable in one or more	1393
installments over a period of time and arising out of the retail	1394
sale of a motor vehicle.	1395

(I) "Farm machinery" means all machines and tools used in the	1396
production, harvesting, and care of farm products.	1397

(J) "Dealer" or "motor vehicle dealer" means any new motor	1398
vehicle dealer, any motor vehicle leasing dealer, and any used	1399
motor vehicle dealer.	1400

(K) "New motor vehicle dealer" means any person engaged in	1401
the business of selling at retail, displaying, offering for sale,	1402
or dealing in new motor vehicles pursuant to a contract or	1403
agreement entered into with the manufacturer, remanufacturer, or	1404
distributor of the motor vehicles.	1405

(L) "Used motor vehicle dealer" means any person engaged in	1406
the business of selling, displaying, offering for sale, or dealing	1407
in used motor vehicles, at retail or wholesale, but does not mean	1408
any new motor vehicle dealer selling, displaying, offering for	1409
sale, or dealing in used motor vehicles incidentally to engaging	1410
in the business of selling, displaying, offering for sale, or	1411
dealing in new motor vehicles, any person engaged in the business	1412
of dismantling, salvaging, or rebuilding motor vehicles by means	1413
of using used parts, or any public officer performing official	1414
duties.	1415

(M) "Motor vehicle leasing dealer" means any person engaged	1416
in the business of regularly making available, offering to make	1417
available, or arranging for another person to use a motor vehicle	1418
pursuant to a bailment, lease, sublease, or other contractual	1419
arrangement under which a charge is made for its use at a periodic	1420
rate for a term of thirty days or more, and title to the motor	1421
vehicle is in and remains in the motor vehicle leasing dealer who	1422
originally leases it, irrespective of whether or not the motor	1423
vehicle is the subject of a later sublease, and not in the user,	1424
but does not mean a manufacturer or its affiliate leasing to its	1425
employees or to dealers.	1426

(N) "Salesperson" means any person employed by a dealer or	1427
~~manufactured home broker~~ to sell, display, and offer for sale, or	1428
deal in motor vehicles for a commission, compensation, or other	1429
valuable consideration, but does not mean any public officer	1430
performing official duties.	1431

(O) "Casual sale" means any transfer of a motor vehicle by a	1432
person other than a new motor vehicle dealer, used motor vehicle	1433
dealer, motor vehicle salvage dealer, as defined in division (A)	1434
of section 4738.01 of the Revised Code, salesperson, motor vehicle	1435
auction owner, manufacturer, or distributor acting in the capacity	1436
of a dealer, salesperson, auction owner, manufacturer, or	1437
distributor, to a person who purchases the motor vehicle for use	1438
as a consumer.	1439

(P) "Motor vehicle show" means a display of current models of	1440
motor vehicles whereby the primary purpose is the exhibition of	1441
competitive makes and models in order to provide the general	1442
public the opportunity to review and inspect various makes and	1443
models of motor vehicles at a single location.	1444

(Q) "Motor vehicle auction owner" means any person who is	1445
engaged wholly or in part in the business of auctioning motor	1446
vehicles.	1447

(R) "Manufacturer" means a person who manufactures,	1448
assembles, or imports motor vehicles, including motor homes, but	1449
does not mean a person who only assembles or installs a body,	1450
special equipment unit, finishing trim, or accessories on a motor	1451
vehicle chassis supplied by a manufacturer or distributor.	1452

(S) "Tent-type fold-out camping trailer" means any vehicle	1453
intended to be used, when stationary, as a temporary shelter with	1454
living and sleeping facilities, and that is subject to the	1455
following properties and limitations:	1456

(1) A minimum of twenty-five per cent of the fold-out portion	1457
of the top and sidewalls combined must be constructed of canvas,	1458
vinyl, or other fabric, and form an integral part of the shelter.	1459

(2) When folded, the unit must not exceed:

1460

(a) Fifteen feet in length, exclusive of bumper and tongue;

1461

(b) Sixty inches in height from the point of contact with the	1462
ground;	1463

1464

(d) One ton gross weight at time of sale.

1465

(T) "Distributor" means any person authorized by a motor	1466
vehicle manufacturer to distribute new motor vehicles to licensed	1467
new motor vehicle dealers, but does not mean a person who only	1468
assembles or installs a body, special equipment unit, finishing	1469
trim, or accessories on a motor vehicle chassis supplied by a	1470
manufacturer or distributor.	1471

(U) "Flea market" means a market place, other than a dealer's	1472
location licensed under this chapter, where a space or location is	1473
provided for a fee or compensation to a seller to exhibit and	1474
offer for sale or trade, motor vehicles to the general public.	1475

(V) "Franchise" means any written agreement, contract, or	1476
understanding between any motor vehicle manufacturer or	1477
remanufacturer engaged in commerce and any motor vehicle dealer	1478
that purports to fix the legal rights and liabilities of the	1479
parties to such agreement, contract, or understanding.	1480

(W) "Franchisee" means a person who receives new motor	1481
vehicles from the franchisor under a franchise agreement and who	1482
offers, sells, and provides service for such new motor vehicles to	1483
the general public.	1484

(X) "Franchisor" means a new motor vehicle manufacturer,	1485
remanufacturer, or distributor who supplies new motor vehicles	1486
under a franchise agreement to a franchisee.	1487

(Y) "Dealer organization" means a state or local trade	1488
association the membership of which is comprised predominantly of	1489
new motor vehicle dealers.	1490

(Z) "Factory representative" means a representative employed	1491
by a manufacturer, remanufacturer, or by a factory branch	1492
primarily for the purpose of promoting the sale of its motor	1493
vehicles, parts, or accessories to dealers or for supervising or	1494
contacting its dealers or prospective dealers.	1495

(AA) "Administrative or executive management" means those	1496
individuals who are not subject to federal wage and hour laws.	1497

(BB) "Good faith" means honesty in the conduct or transaction	1498
concerned and the observance of reasonable commercial standards of	1499
fair dealing in the trade as is defined in division (S) of section	1500
1301.01 of the Revised Code, including, but not limited to, the	1501
duty to act in a fair and equitable manner so as to guarantee	1502
freedom from coercion, intimidation, or threats of coercion or	1503
intimidation; provided however, that recommendation, endorsement,	1504
exposition, persuasion, urging, or argument shall not be	1505
considered to constitute a lack of good faith.	1506

(CC) "Coerce" means to compel or attempt to compel by failing	1507
to act in good faith or by threat of economic harm, breach of	1508
contract, or other adverse consequences. Coerce does not mean to	1509
argue, urge, recommend, or persuade.	1510

(DD) "Relevant market area" means any area within a radius of	1511
ten miles from the site of a potential new dealership, except that	1512
for manufactured home or recreational vehicle dealerships the	1513
radius shall be twenty-five miles. The ten-mile radius shall be	1514
measured from the dealer's established place of business that is	1515
used exclusively for the purpose of selling, displaying, offering	1516
for sale, or dealing in motor vehicles.	1517

(EE) "Wholesale" or "at wholesale" means the act or attempted	1518
act of selling, bartering, exchanging, or otherwise disposing of a	1519
motor vehicle to a transferee for the purpose of resale and not	1520
for ultimate consumption by that transferee.	1521

(FF) "Motor vehicle wholesaler" means any person licensed as	1522
a dealer under the laws of another state and engaged in the	1523
business of selling, displaying, or offering for sale used motor	1524
vehicles, at wholesale, but does not mean any motor vehicle dealer	1525
as defined in this section.	1526

(GG)(1) "Remanufacturer" means a person who assembles or	1527
installs passenger seating, walls, a roof elevation, or a body	1528
extension on a conversion van with the motor vehicle chassis	1529
supplied by a manufacturer or distributor, a person who modifies a	1530
truck chassis supplied by a manufacturer or distributor for use as	1531
a public safety or public service vehicle, a person who modifies a	1532
motor vehicle chassis supplied by a manufacturer or distributor	1533
for use as a limousine or hearse, or a person who modifies an	1534
incomplete motor vehicle cab and chassis supplied by a new motor	1535
vehicle dealer or distributor for use as a tow truck, but does not	1536
mean either of the following:	1537

(a) A person who assembles or installs passenger seating, a	1538
roof elevation, or a body extension on a recreational vehicle as	1539
defined in division (Q) and referred to in division (B) of section	1540
4501.01 of the Revised Code;	1541

(b) A person who assembles or installs special equipment or	1542
accessories for handicapped persons, as defined in section 4503.44	1543
of the Revised Code, upon a motor vehicle chassis supplied by a	1544
manufacturer or distributor.	1545

(2) For the purposes of division (GG)(1) of this section,	1546
"public safety vehicle or public service vehicle" means a fire	1547
truck, ambulance, school bus, street sweeper, garbage packing	1548
truck, or cement mixer, or a mobile self-contained facility	1549
vehicle.	1550

(3) For the purposes of division (GG)(1) of this section,	1551
"limousine" means a motor vehicle, designed only for the purpose	1552
of carrying nine or fewer passengers, that a person modifies by	1553
cutting the original chassis, lengthening the wheelbase by forty	1554
inches or more, and reinforcing the chassis in such a way that all	1555
modifications comply with all applicable federal motor vehicle	1556
safety standards. No person shall qualify as or be deemed to be a	1557
remanufacturer who produces limousines unless the person has a	1558
written agreement with the manufacturer of the chassis the person	1559
utilizes to produce the limousines to complete properly the	1560
remanufacture of the chassis into limousines.	1561

(4) For the purposes of division (GG)(1) of this section,	1562
"hearse" means a motor vehicle, designed only for the purpose of	1563
transporting a single casket, that is equipped with a compartment	1564
designed specifically to carry a single casket that a person	1565
modifies by cutting the original chassis, lengthening the	1566
wheelbase by ten inches or more, and reinforcing the chassis in	1567
such a way that all modifications comply with all applicable	1568
federal motor vehicle safety standards. No person shall qualify as	1569
or be deemed to be a remanufacturer who produces hearses unless	1570
the person has a written agreement with the manufacturer of the	1571
chassis the person utilizes to produce the hearses to complete	1572
properly the remanufacture of the chassis into hearses.	1573

(5) For the purposes of division (GG)(1) of this section,	1574
"mobile self-contained facility vehicle" means a mobile classroom	1575
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	1576
testing laboratory, and mobile display vehicle, each of which is	1577
designed for purposes other than for passenger transportation and	1578
other than the transportation or displacement of cargo, freight,	1579
materials, or merchandise. A vehicle is remanufactured into a	1580
mobile self-contained facility vehicle in part by the addition of	1581
insulation to the body shell, and installation of all of the	1582
following: a generator, electrical wiring, plumbing, holding	1583
tanks, doors, windows, cabinets, shelving, and heating,	1584
ventilating, and air conditioning systems.	1585

(6) For the purposes of division (GG)(1) of this section,	1586
"tow truck" means both of the following:	1587

(a) An incomplete cab and chassis that are purchased by a	1588
remanufacturer from a new motor vehicle dealer or distributor of	1589
the cab and chassis and on which the remanufacturer then installs	1590
in a permanent manner a wrecker body it purchases from a	1591
manufacturer or distributor of wrecker bodies, installs an	1592
emergency flashing light pylon and emergency lights upon the mast	1593
of the wrecker body or rooftop, and installs such other related	1594
accessories and equipment, including push bumpers, front grille	1595
guards with pads and other custom-ordered items such as painting,	1596
special lettering, and safety striping so as to create a complete	1597
motor vehicle capable of lifting and towing another motor vehicle.	1598

(b) An incomplete cab and chassis that are purchased by a	1599
remanufacturer from a new motor vehicle dealer or distributor of	1600
the cab and chassis and on which the remanufacturer then installs	1601
in a permanent manner a car carrier body it purchases from a	1602
manufacturer or distributor of car carrier bodies, installs an	1603
emergency flashing light pylon and emergency lights upon the	1604
rooftop, and installs such other related accessories and	1605
equipment, including push bumpers, front grille guards with pads	1606
and other custom-ordered items such as painting, special	1607
lettering, and safety striping.	1608

As used in division (GG)(6)(b) of this section, "car carrier	1609
body" means a mechanical or hydraulic apparatus capable of lifting	1610
and holding a motor vehicle on a flat level surface so that one or	1611
more motor vehicles can be transported, once the car carrier is	1612
permanently installed upon an incomplete cab and chassis.	1613

(HH) "Operating as a new motor vehicle dealership" means	1614
engaging in activities such as displaying, offering for sale, and	1615
selling new motor vehicles at retail, operating a service facility	1616
to perform repairs and maintenance on motor vehicles, offering for	1617
sale and selling motor vehicle parts at retail, and conducting all	1618
other acts that are usual and customary to the operation of a new	1619
motor vehicle dealership. For the purposes of this chapter only,	1620
possession of either a valid new motor vehicle dealer franchise	1621
agreement or a new motor vehicle dealers license, or both of these	1622
items, is not evidence that a person is operating as a new motor	1623
vehicle dealership.	1624

(II) "Outdoor power equipment" means garden and small utility	1625
tractors, walk-behind and riding mowers, chainsaws, and tillers.	1626

(JJ) "Remote service facility" means premises that are	1627
separate from a licensed new motor vehicle dealer's sales facility	1628
by not more than one mile and that are used by the dealer to	1629
perform repairs, warranty work, recall work, and maintenance on	1630
motor vehicles pursuant to a franchise agreement entered into with	1631
a manufacturer of motor vehicles. A remote service facility shall	1632
be deemed to be part of the franchise agreement and is subject to	1633
all the rights, duties, obligations, and requirements of Chapter	1634
4517. of the Revised Code that relate to the performance of motor	1635
vehicle repairs, warranty work, recall work, and maintenance work	1636
by new motor vehicle dealers.	1637

Sec. 4517.04. Each person applying for a new motor vehicle	1638
dealer's license shall ~~annually~~biennially make out and deliver to	1639
the registrar of motor vehicles, before the first day of April,	1640
and upon a blank to be furnished by the registrar for that	1641
purpose, a separate application for license for each county in	1642
which the business of selling new motor vehicles is to be	1643
conducted. The application shall be in the form prescribed by the	1644
registrar, shall be signed and sworn to by the applicant, and, in	1645
addition to any other information required by the registrar, shall	1646
include the following:	1647

(A) Name of applicant and location of principal place of	1648
business;	1649

(B) Name or style under which business is to be conducted	1650
and, if a corporation, the state of incorporation;	1651

(C) Name and address of each owner or partner and, if a	1652
corporation, the names of the officers and directors;	1653

(D) The county in which the business is to be conducted and	1654
the address of each place of business therein;	1655

(E) A statement of the previous history, record, and	1656
association of the applicant and of each owner, partner, officer,	1657
and director, that shall be sufficient to establish to the	1658
satisfaction of the registrar the reputation in business of the	1659
applicant;	1660

(F) A statement showing whether the applicant has previously	1661
applied for a motor vehicle dealer's license, motor vehicle	1662
leasing dealer's license, ~~manufactured home broker's license,~~	1663
distributor's license, motor vehicle auction owner's license, or	1664
motor vehicle salesperson's license, and the result of the	1665
application, and whether the applicant has ever been the holder of	1666
any such license that was revoked or suspended;	1667

(G) If the applicant is a corporation or partnership, a	1668
statement showing whether any partner, employee, officer, or	1669
director has been refused a motor vehicle dealer's license, motor	1670
vehicle leasing dealer's license, ~~manufactured home broker's~~	1671
~~license,~~ distributor's license, motor vehicle auction owner's	1672
license, or motor vehicle salesperson's license, or has been the	1673
holder of any such license that was revoked or suspended;	1674

(H) A statement of the makes of new motor vehicles to be	1675
handled.	1676

The statement required by division (E) of this section shall	1677
indicate whether the applicant or, if applicable, any of the	1678
applicant's owners, partners, officers, or directors,	1679
individually, or as owner, partner, officer, or director of a	1680
business entity, has been convicted of, pleaded guilty, or pleaded	1681
no contest, in a criminal action, or had a judgment rendered	1682
against ~~him~~the person in a civil action for, a violation of	1683
sections 4549.41 to 4549.46 of the Revised Code, of any	1684
substantively comparable provisions of the law of any other state,	1685
or of subchapter IV of the "Motor Vehicle Information and Cost	1686
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	1687

A true copy of the contract, agreement, or understanding the	1688
applicant has entered into or is about to enter into with the	1689
manufacturer or distributor of the new motor vehicles the	1690
applicant will handle shall be filed with the application. If the	1691
contract, agreement, or understanding is not in writing, a written	1692
statement of all the terms thereof shall be filed. Each such copy	1693
or statement shall bear a certificate signed by each party to the	1694
contract, agreement, or understanding, to the effect that the copy	1695
or statement is true and complete and contains all of the	1696
agreements made or about to be made between the parties.	1697

The application also shall be accompanied by a photograph, as	1698
prescribed by the registrar, of each place of business operated,	1699
or to be operated, by the applicant.	1700

Sec. 4517.09. Each person applying for a salesperson's	1701
license shall ~~annually~~biennially make out and deliver to the	1702
registrar of motor vehicles, before the first day of July and upon	1703
a blank to be furnished by the registrar for that purpose, an	1704
application for license. The application shall be in the form	1705
prescribed by the registrar, shall be signed and sworn to by the	1706
applicant, and, in addition to any other information required by	1707
the registrar, shall include the following:	1708

(A) Name and post-office address of the applicant;

1709

(B) Name and post-office address of the motor vehicle dealer	1710
~~or manufactured home broker~~ for whom the applicant intends to act	1711
as salesperson;	1712

(C) A statement of the applicant's previous history, record,	1713
and association, that shall be sufficient to establish to the	1714
satisfaction of the registrar the applicant's reputation in	1715
business;	1716

(D) A statement as to whether the applicant intends to engage	1717
in any occupation or business other than that of a motor vehicle	1718
salesperson;	1719

(E) A statement as to whether the applicant has ever had any	1720
previous application refused, and whether the applicant has	1721
previously had a license revoked or suspended;	1722

(F) A statement as to whether the applicant was an employee	1723
of or salesperson for a dealer ~~or manufactured home broker~~ whose	1724
license was suspended or revoked;	1725

(G) A statement of the motor vehicle dealer ~~or manufactured~~	1726
~~home broker~~ named therein, designating the applicant as the	1727
dealer's ~~or broker's~~ salesperson.	1728

The statement required by division (C) of this section shall	1729
indicate whether the applicant individually, or as an owner,	1730
partner, officer, or director of a business entity, has been	1731
convicted of, or pleaded guilty to, in a criminal action, or had a	1732
judgment rendered against the applicant in a civil action for, a	1733
violation of sections 4549.41 to 4549.46 of the Revised Code, of	1734
any substantively comparable provisions of the law of any other	1735
state, or of subchapter IV of the "Motor Vehicle Information and	1736
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	1737

Sec. 4517.10. At the time the registrar of motor vehicles	1738
grants the application of any person for a license as motor	1739
vehicle dealer, motor vehicle leasing dealer, ~~manufactured home~~	1740
~~broker,~~ distributor, motor vehicle auction owner, or motor vehicle	1741
salesperson, the registrar shall issue to the person a license.	1742
The registrar shall prescribe different forms for the licenses of	1743
motor vehicle dealers, motor vehicle leasing dealers, ~~manufactured~~	1744
~~home brokers,~~ distributors, motor vehicle auction owners, and	1745
motor vehicle salespersons, and all licenses shall include the	1746
name and post-office address of the person licensed.	1747

The fee for a dealer's license,and a motor vehicle leasing	1748
dealer's license~~, and a manufactured home broker's license~~ shall	1749
be fifty dollars, and the fee for a salesperson's license shall be	1750
ten dollars. The fee for a motor vehicle auction owner's license	1751
shall be one hundred dollars for each location. The fee for a	1752
distributor's license shall be one hundred dollars for each	1753
distributorship. In all cases, the fee shall accompany the	1754
application for license.	1755

The registrar may require each applicant for a license issued	1756
under this chapter to pay an additional fee, which shall be used	1757
by the registrar to pay the costs of obtaining a record of any	1758
arrests and convictions of the applicant from the Ohio bureau of	1759
identification and investigation. The amount of the fee shall be	1760
equal to that paid by the registrar to obtain such record.	1761

If a dealer,or a motor vehicle leasing dealer~~, or a~~	1762
~~manufactured home broker,~~ has more than one place of business in	1763
the county, the dealer ~~or the broker~~ shall make application, in	1764
such form as the registrar prescribes, for a certified copy of the	1765
license issued to the dealer ~~or manufactured home broker~~ for each	1766
place of business operated. In the event of the loss, mutilation,	1767
or destruction of a license issued under sections 4517.01 to	1768
4517.65 of the Revised Code, any licensee may make application to	1769
the registrar, in such form as the registrar prescribes, for a	1770
duplicate copy thereof. The fee for a certified or duplicate copy	1771
of a dealer's, motor vehicle leasing dealer's, ~~manufactured home~~	1772
~~broker's,~~ distributor's, or auction owner's license, is two	1773
dollars, and the fee for a duplicate copy of a salesperson's	1774
license is one dollar. All fees for such copies shall accompany	1775
the applications.	1776

Beginning on ~~the effective date of this amendment~~September	1777
16, 2004, all dealers' licenses, motor vehicle leasing dealers'	1778
licenses, ~~manufactured home broker's licenses,~~ distributors'	1779
licenses, auction owners' licenses, and all salespersons' licenses	1780
issued or renewed shall expire biennially on a day within the	1781
two-year cycle that is prescribed by the registrar, unless sooner	1782
suspended or revoked. Before the first day after the day	1783
prescribed by the registrar in the year that the license expires,	1784
each licensed dealer, motor vehicle leasing dealer, ~~manufactured~~	1785
~~home broker,~~ distributor, and auction owner and each licensed	1786
salesperson, in the year in which the license will expire, shall	1787
file an application, in such form as the registrar prescribes, for	1788
the renewal of such license. The fee provided in this section for	1789
the original license shall accompany the application.	1790

Any salesperson's license shall be suspended upon the	1791
termination, suspension, or revocation of the license of the motor	1792
vehicle dealer ~~or manufactured home broker~~ for whom the	1793
salesperson is acting, or upon the salesperson leaving the service	1794
of the motor vehicle dealer ~~or manufactured home broker~~; provided	1795
that upon the termination, suspension, or revocation of the	1796
license of the motor vehicle dealer ~~or manufactured home broker~~	1797
for whom the salesperson is acting, or upon the salesperson	1798
leaving the service of a licensed motor vehicle dealer or	1799
~~manufactured home broker~~, the licensed salesperson, upon entering	1800
the service of any other licensed motor vehicle dealer or	1801
~~manufactured home broker~~, shall make application to the registrar,	1802
in such form as the registrar prescribes, to have the	1803
salesperson's license reinstated, transferred, and registered as a	1804
salesperson for the other dealer ~~or broker~~. If the information	1805
contained in the application is satisfactory to the registrar, the	1806
registrar shall have the salesperson's license reinstated,	1807
transferred, and registered as a salesperson for the other dealer	1808
~~or broker~~. The fee for the reinstatement and transfer of license	1809
shall be two dollars. No license issued to a dealer, motor vehicle	1810
leasing dealer, auction owner, ~~manufactured home broker,~~ or	1811
salesperson, under sections 4517.01 to 4517.65 of the Revised Code	1812
shall be transferable to any other person.	1813

Each dealer, motor vehicle leasing dealer, ~~manufactured home~~	1814
~~broker,~~ distributor, and auction owner shall keep the license or a	1815
certified copy thereof and, in the case of a dealer ~~or broker~~, a	1816
current list of the dealer's ~~or the broker's~~ licensed	1817
salespersons, showing the names, addresses, and serial numbers of	1818
their licenses, posted in a conspicuous place in each place of	1819
business. Each salesperson shall carry the salesperson's license	1820
or a certified copy thereof and shall exhibit such license or copy	1821
upon demand to any inspector of the bureau of motor vehicles,	1822
state highway patrol trooper, police officer, or person with whom	1823
the salesperson seeks to transact business as a motor vehicle	1824
salesperson.	1825

The notice of refusal to grant a license shall disclose the	1826
reason for refusal.	1827

Sec. 4517.12. (A) The registrar of motor vehicles shall deny	1828
the application of any person for a license as a motor vehicle	1829
dealer, motor vehicle leasing dealer, ~~manufactured home broker,~~ or	1830
motor vehicle auction owner and refuse to issue the license if the	1831
registrar finds that the applicant:	1832

(1) Has made any false statement of a material fact in the	1833
application;	1834

(2) Has not complied with sections 4517.01 to 4517.45 of the	1835
Revised Code;	1836

(3) Is of bad business repute or has habitually defaulted on	1837
financial obligations;	1838

(4) Is engaged or will engage in the business of selling at	1839
retail any new motor vehicles without having written authority	1840
from the manufacturer or distributor thereof to sell new motor	1841
vehicles and to perform repairs under the terms of the	1842
manufacturer's or distributor's new motor vehicle warranty, except	1843
as provided in division (C) of this section and except that a	1844
person who assembles or installs special equipment or accessories	1845
for handicapped persons, as defined in section 4503.44 of the	1846
Revised Code, upon a motor vehicle chassis supplied by a	1847
manufacturer or distributor shall not be denied a license pursuant	1848
to division (A)(4) of this section;	1849

(5) Has been guilty of a fraudulent act in connection with	1850
selling or otherwise dealing in, or leasing, motor vehicles, or in	1851
connection with brokering manufactured homes;	1852

(6) Has entered into or is about to enter into a contract or	1853
agreement with a manufacturer or distributor of motor vehicles	1854
that is contrary to sections 4517.01 to 4517.45 of the Revised	1855
Code;	1856

(7) Is insolvent;

1857

(8) Is of insufficient responsibility to ensure the prompt	1858
payment of any final judgments that might reasonably be entered	1859
against the applicant because of the transaction of business as a	1860
motor vehicle dealer, motor vehicle leasing dealer, ~~manufactured~~	1861
~~home broker,~~ or motor vehicle auction owner during the period of	1862
the license applied for, or has failed to satisfy any such	1863
judgment;	1864

(9) Has no established place of business that, where	1865
applicable, is used or will be used for the purpose of selling,	1866
displaying, offering for sale, dealing in, or leasing motor	1867
vehicles at the location for which application is made;	1868

(10) Has, less than twelve months prior to making	1869
application, been denied a motor vehicle dealer's, motor vehicle	1870
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	1871
auction owner's license, or has any such license revoked.	1872

(B) If the applicant is a corporation or partnership, the	1873
registrar may refuse to issue a license if any officer, director,	1874
or partner of the applicant has been guilty of any act or omission	1875
that would be cause for refusing or revoking a license issued to	1876
such officer, director, or partner as an individual. The	1877
registrar's finding may be based upon facts contained in the	1878
application or upon any other information the registrar may have.	1879
Immediately upon denying an application for any of the reasons in	1880
this section, the registrar shall enter a final order together	1881
with the registrar's findings and certify the same to the motor	1882
vehicle dealers' and salespersons' licensing board.	1883

(C) Notwithstanding division (A)(4) of this section, the	1884
registrar shall not deny the application of any person and refuse	1885
to issue a license if the registrar finds that the applicant is	1886
engaged or will engage in the business of selling at retail any	1887
new motor vehicles and demonstrates all of the following in the	1888
form prescribed by the registrar:	1889

(1) That the applicant has posted a bond, surety, or	1890
certificate of deposit with the registrar in an amount not less	1891
than one hundred thousand dollars for the protection and benefit	1892
of the applicant's customers except that a new motor vehicle	1893
dealer who is not exclusively engaged in the business of selling	1894
remanufactured vehicles shall not be required to post the bond,	1895
surety, or certificate of deposit otherwise required by division	1896
(C)(1) of this section;	1897

(2) ~~That, at the time of the sale of the vehicle, each~~	1898
~~customer of the applicant will be furnished with a binding~~	1899
~~agreement ensuring that the customer has the right to have the~~	1900
~~vehicle serviced or repaired by a new motor vehicle dealer who is~~	1901
~~licensed to sell and service vehicles of the same line-make as the~~	1902
~~chassis of the remanufactured vehicle purchased by the customer~~	1903
~~and whose service or repair facility is located within either~~	1904
~~twenty miles of the applicant's location and place of business or~~	1905
~~twenty miles of the customer's residence or place of business. If~~	1906
~~there is no such new motor vehicle dealer located within twenty~~	1907
~~miles of the applicant's location and place of business or the~~	1908
~~customer's residence or place of business, the binding agreement~~	1909
~~furnished to the customer may be with the new motor vehicle dealer~~	1910
~~who is franchised to sell and service vehicles of the same~~	1911
~~line-make as the chassis of the remanufactured vehicle purchased~~	1912
~~by the customer and whose service or repair facility is located~~	1913
~~nearest to the remanufacturer's location and place of business or~~	1914
~~the customer's residence or place of business.~~	1915

~~(3)~~ That, at the time of the sale of the vehicle, each	1916
customer of the applicant will be furnished with a warranty issued	1917
by the remanufacturer for a term of at least one year;	1918

~~(4)~~(3) That the applicant provides and maintains at the	1919
applicant's location and place of business a permanent facility	1920
with all of the following:	1921

(a) A showroom with space, under roof, for the display of at	1922
least one new motor vehicle;	1923

(b) A service and parts facility for remanufactured vehicles;

1924

(c) Full-time service and parts personnel with the proper	1925
training and technical expertise to service the remanufactured	1926
vehicles sold by the applicant.	1927

Sec. 4517.13. The registrar of motor vehicles shall deny the	1928
application of any person for a license as a distributor and	1929
refuse to issue the license if the registrar finds that the	1930
applicant:	1931

(A) Has made any false statement of a material fact in the	1932
application;	1933

(B) Has not complied with sections 4517.01 to 4517.45 of the	1934
Revised Code;	1935

(C) Is of bad business repute or has habitually defaulted on	1936
financial obligations;	1937

(D) Is engaged or will engage in the business of distributing	1938
any new motor vehicle without having the authority of a contract	1939
with the manufacturer of the vehicle;	1940

(E) Has been guilty of a fraudulent act in connection with	1941
selling or otherwise dealing in motor vehicles;	1942

(F) Has entered into or is about to enter into a contract or	1943
agreement with a manufacturer of motor vehicles that is contrary	1944
to sections 4517.01 to 4517.45 of the Revised Code;	1945

(G) Is insolvent;

1946

(H) Is of insufficient responsibility to ensure the prompt	1947
payment of any financial judgment that might reasonably be entered	1948
against the applicant because of the transaction of business as a	1949
distributor during the period of the license applied for, or has	1950
failed to satisfy any such judgment;	1951

(I) Has no established place of business that, where	1952
applicable, is used or will be used exclusively for the purpose of	1953
distributing new motor vehicles at the location for which	1954
application is made;	1955

(J) Has, less than twelve months prior to making application,	1956
been denied a distributor's, motor vehicle dealer's, motor vehicle	1957
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	1958
auction owner's license, or had any such license revoked.	1959

If the applicant is a corporation or partnership, the	1960
registrar may refuse to issue a license if any officer, director,	1961
employee, or partner of the applicant has been guilty of any act	1962
or omission that would be cause for refusing or revoking a license	1963
issued to such officer, director, employee, or partner as an	1964
individual. The registrar's finding may be based upon facts	1965
contained in the application or upon any other information the	1966
registrar may have. Immediately upon denying an application for	1967
any of the reasons in this section, the registrar shall enter a	1968
final order together with the registrar's findings and certify the	1969
same to the motor vehicle dealers board.	1970

Sec. 4517.14. The registrar of motor vehicles shall deny the	1971
application of any person for a license as a salesperson and	1972
refuse to issue the license if the registrar finds that the	1973
applicant:	1974

(A) Has made any false statement of a material fact in the	1975
application;	1976

(B) Has not complied with sections 4517.01 to 4517.45 of the	1977
Revised Code;	1978

(C) Is of bad business repute or has habitually defaulted on	1979
financial obligations;	1980

(D) Has been guilty of a fraudulent act in connection with	1981
selling or otherwise dealing in motor vehicles;	1982

(E) Has not been designated to act as salesperson for a motor	1983
vehicle dealer ~~or manufactured home broker~~ licensed to do business	1984
in this state under section 4517.10 of the Revised Code, or	1985
intends to act as salesperson for more than one licensed motor	1986
vehicle dealer ~~or manufactured home broker~~ at the same time,	1987
except that a licensed salesperson may act as a salesperson at any	1988
licensed dealership owned or operated by the same ~~corporation~~	1989
company, regardless of the county in which the dealership's	1990
facility is located;	1991

(F) Holds a current motor vehicle dealer's ~~or manufactured~~	1992
~~home broker's~~ license issued under section 4517.10 of the Revised	1993
Code, and intends to act as salesperson for another licensed motor	1994
vehicle dealer ~~or manufactured home broker~~;	1995

(G) Has, less than twelve months prior to making application,	1996
been denied a salesperson's license or had a salesperson's license	1997
revoked.	1998

The registrar may refuse to issue a salesperson's license to	1999
an applicant who was salesperson for, or in the employ of, a motor	2000
vehicle dealer ~~or manufactured home broker~~ at the time the	2001
dealer's ~~or broker's~~ license was revoked. The registrar's finding	2002
may be based upon any statement contained in the application or	2003
upon any facts within the registrar's knowledge, and, immediately	2004
upon refusing to issue a salesperson's license, the registrar	2005
shall enter a final order and shall certify the final order	2006
together with his findings to the motor vehicle dealers board.	2007

Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor	2008
vehicle leasing dealer, ~~manufactured home broker,~~ or distributor	2009
shall notify the registrar of motor vehicles concerning any change	2010
in status as a dealer, motor vehicle leasing dealer, ~~manufactured~~	2011
~~home broker,~~ or distributor during the period for which the	2012
dealer, ~~broker,~~ or distributor is licensed, if the change of	2013
status concerns any of the following:	2014

(1) Personnel of owners, partners, officers, or directors;

2015

(2) Location of office or principal place of business;

2016

(3) In the case of a motor vehicle dealer, any contract or	2017
agreement with any manufacturer or distributor; and in the case of	2018
a distributor, any contract or agreement with any manufacturer.	2019

(B) The notification required by division (A) of this section	2020
shall be made by filing with the registrar, within fifteen days	2021
after the change of status, a supplemental statement in a form	2022
prescribed by the registrar showing in what respect the status has	2023
been changed. If the change involves a change in any contract or	2024
agreement between any manufacturer or distributor, and dealer, or	2025
any manufacturer and distributor, the supplemental statement shall	2026
be accompanied by such copies of contracts, statements, and	2027
certificates as would have been required by sections 4517.01 to	2028
4517.45 of the Revised Code if the change had occurred prior to	2029
the licensee's application for license.	2030

The motor vehicle dealers board may adopt a rule exempting	2031
from the notification requirement of division (A)(1) of this	2032
section any dealer if stock in the dealer or its parent company is	2033
publicly traded and if there are public records with state or	2034
federal agencies that provide the information required by division	2035
(A)(1) of this section.	2036

(C) Whoever violates this section is guilty of a misdemeanor	2037
of the fourth degree.	2038

Sec. 4517.24. (A) No two motor vehicle dealers shall engage	2039
in business at the same location, unless they agree to be jointly,	2040
severally, and personally liable for any liability arising from	2041
their engaging in business at the same location. The agreement	2042
shall be filed with the motor vehicle dealers board, and shall	2043
also be made a part of the articles of incorporation of each such	2044
dealer filed with the secretary of state. Whenever the board has	2045
reason to believe that a dealer who has entered into such an	2046
agreement has revoked the agreement but continues to engage in	2047
business at the same location, the board shall revoke the dealer's	2048
license.	2049

(B) ~~This section does not apply to two or more motor vehicle~~	2050
~~dealers engaged in the business of selling new or used~~	2051
~~manufactured or mobile homes in the same manufactured home park.~~	2052

~~(C)~~ Whoever violates this section is guilty of a misdemeanor	2053
of the fourth degree.	2054

Sec. 4517.44. (A) No manufacturer or distributor of motor	2055
vehicles, dealer in motor vehicles, ~~or manufactured home broker,~~	2056
nor any owner, proprietor, person in control, or keeper of any	2057
garage, stable, shop, or other place of business, shall fail to	2058
keep or cause to be kept any record required by law.	2059

(B) Whoever violates this section is guilty of a minor	2060
misdemeanor.	2061

Sec. 4743.05. Except as otherwise provided in sections	2062
4701.20, 4723.062, 4723.082, ~~and~~ 4729.65, and 4781.28 of the	2063
Revised Code, all money collected under Chapters 3773., 4701.,	2064
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	2065
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	2066
4761., 4766., 4771., 4775., 4779., and 4781. of the Revised Code	2067
shall be paid into the state treasury to the credit of the	2068
occupational licensing and regulatory fund, which is hereby	2069
created for use in administering such chapters.	2070

At the end of each quarter, the director of budget and	2071
management shall transfer from the occupational licensing and	2072
regulatory fund to the nurse education assistance fund created in	2073
section 3333.28 of the Revised Code the amount certified to the	2074
director under division (B) of section 4723.08 of the Revised	2075
Code.	2076

At the end of each quarter, the director shall transfer from	2077
the occupational licensing and regulatory fund to the certified	2078
public accountant education assistance fund created in section	2079
4701.26 of the Revised Code the amount certified to the director	2080
under division (H)(2) of section 4701.10 of the Revised Code.	2081

Sec. 4781.01. As used in this chapter:

2082

(A) "Industrialized unit" has the same meaning as in division	2083
(C)(3) of section 3781.06 of the Revised Code.	2084

(B) "Installation" means any of the following:

2085

(1) The temporary or permanent construction of stabilization,	2086
support, and anchoring systems for manufactured housing;	2087

(2) The placement and erection of a manufactured housing unit	2088
or components of a unit on a structural support system;	2089

(3) The supporting, blocking, leveling, securing, anchoring,	2090
underpinning, or adjusting of any section or component of a	2091
manufactured housing unit;	2092

(4) The joining or connecting of all sections or components	2093
of a manufactured housing unit.	2094

(C) "Manufactured home" has the same meaning as in division	2095
(C)(4) of section 3781.06 of the Revised Code.	2096

(D) "Manufactured home park" ~~has the same meaning as in~~	2097
~~division (A) of section 3733.01 of the Revised Code~~means any	2098
tract of land upon which three or more manufactured or mobile	2099
homes used for habitation are parked, either free of charge or for	2100
revenue purposes, and includes any roadway, building, structure,	2101
vehicle, or enclosure used or intended for use as a part of the	2102
facilities of the park. "Manufactured home park" does not include	2103
any of the following:	2104

(1) A tract of land used solely for the storage or display	2105
for sale of manufactured or mobile homes or solely as a temporary	2106
park-camp as defined in section 3729.01 of the Revised Code;	2107

(2) A tract of land that is subdivided and the individual	2108
lots are for sale or sold for the purpose of installation of	2109
manufactured or mobile homes used for habitation and the roadways	2110
are dedicated to the local government authority;	2111

(3) A tract of land within an area that is subject to local	2112
zoning authority and subdivision requirements and is subdivided,	2113
and the individual lots are for sale or sold for the purpose of	2114
installation of manufactured or mobile homes for habitation.	2115

(E) "Manufactured housing" means manufactured homes and	2116
mobile homes.	2117

(F) "Manufactured housing installer" means an individual who	2118
installs manufactured housing.	2119

(G) "Mobile home" has the same meaning as in division (O) of	2120
section 4501.01 of the Revised Code.	2121

(H) "Model standards" means the federal manufactured home	2122
installation standards established pursuant to 42 U.S.C. 5404.	2123

(I) "Permanent foundation" has the same meaning as in	2124
division (C)(5) of section 3781.06 of the Revised Code.	2125

(J) "Business" includes any activities engaged in by any	2126
person for the object of gain, benefit, or advantage either direct	2127
or indirect.	2128

(K) "Casual sale" means any transfer of a manufactured home	2129
or mobile home by a person other than a manufactured housing	2130
dealer, manufactured housing salesperson, or manufacturer to an	2131
ultimate consumer or a person who purchases the home for use as a	2132
residence.	2133

(L) "Engaging in business" means commencing, conducting, or	2134
continuing in business, or liquidating a business when the	2135
liquidator thereof holds self out to be conducting such business;	2136
making a casual sale or otherwise making transfers in the ordinary	2137
course of business when the transfers are made in connection with	2138
the disposition of all or substantially all of the transferor's	2139
assets is not engaging in business.	2140

(M) "Manufactured home park operator" ~~has the same meaning as~~	2141
~~"operator" in section 3733.01 of the Revised Code~~means the person	2142
who has responsible charge of a manufactured home park and who is	2143
licensed under sections 4781.26 to 4781.35 of the Revised Code.	2144

(N) "Manufactured housing broker" means any person acting as	2145
a selling agent on behalf of an owner of a manufactured home or	2146
mobile home that is subject to taxation under section 4503.06 of	2147
the Revised Code.	2148

(O) "Manufactured housing dealer" means any person engaged in	2149
the business of selling at retail, displaying, offering for sale,	2150
or dealing in manufactured homes or mobile homes.	2151

(P) "Manufacturer" means a person who manufacturers,	2152
assembles, or imports manufactured homes or mobile homes.	2153

(Q) "Retail sale" or "sale at retail" means the act or	2154
attempted act of selling, bartering, exchanging, or otherwise	2155
disposing of a manufactured home or mobile home to an ultimate	2156
purchaser for use as a residence.	2157

(R) "Salesperson" means any individual employed by a	2158
manufactured housing dealer or manufactured housing broker to	2159
sell, display, and offer for sale, or deal in manufactured homes	2160
or mobile homes for a commission, compensation, or other valuable	2161
consideration, but does not mean any public officer performing	2162
official duties.	2163

(S) "Ultimate purchaser" means, with respect to any new	2164
manufactured home, the first person, other than a manufactured	2165
housing dealer purchasing in the capacity of a manufactured	2166
housing dealer, who purchases such new manufactured home for	2167
purposes other than resale.	2168

(T) "Tenant" means a person who is entitled under a rental	2169
agreement with a manufactured home park operator to occupy a	2170
manufactured home park lot and who does not own the home occupying	2171
the lot.	2172

(U) "Owner" means a person who is entitled under a rental	2173
agreement with a manufactured home park operator to occupy a	2174
manufactured home park lot and who owns the home occupying the	2175
lot.	2176

(V) "Resident" means a person entitled under a rental	2177
agreement to the use and occupancy of residential premises to the	2178
exclusion of others. "Resident" includes both tenants and owners.	2179

(W) "Park operator" means a manufactured home park operator.

2180

(X) "Residential premises" means a lot located within a	2181
manufactured home park and the grounds, areas, and facilities	2182
contained within the manufactured home park for the use of	2183
residents generally or the use of which is promised to a resident.	2184

(Y) "Rental agreement" means any agreement or lease, written	2185
or oral, that establishes or modifies the terms, conditions,	2186
rules, or any other provisions concerning the use and occupancy of	2187
residential premises by one of the parties.	2188

(Z) "Security deposit" means any deposit of money or property	2189
to secure performance by the resident under a rental agreement.	2190

(AA) "Development" means any artificial change to improved or	2191
unimproved real estate, including, without limitation, buildings	2192
or structures, dredging, filling, grading, paving, excavation or	2193
drilling operations, or storage of equipment or materials, and the	2194
construction, expansion, or substantial alteration of a	2195
manufactured home park, for which plan review is required under	2196
division (A) of section 4781.31 of the Revised Code. "Development"	2197
does not include the building, construction, erection, or	2198
manufacture of any building to which section 3781.06 of the	2199
Revised Code is applicable.	2200

(BB) "Flood" or "flooding" means either of the following:

2201

(1) A general and temporary condition of partial or complete	2202
inundation of normally dry land areas from any of the following:	2203

(a) The overflow of inland or tidal waters;

2204

(b) The unusual and rapid accumulation or runoff of surface	2205
waters from any source;	2206

(c) Mudslides that are proximately caused by flooding as	2207
defined in division (M)(1)(b) of this section and that are akin to	2208
a river of liquid and flowing mud on the surface of normally dry	2209
land areas, as when earth is carried by a current of water and	2210
deposited along the path of the current.	2211

(2) The collapse or subsidence of land along the shore of a	2212
lake or other body of water as a result of erosion or undermining	2213
that is caused by waves or currents of water exceeding anticipated	2214
cyclical levels or that is suddenly caused by an unusually high	2215
water level in a natural body of water, and that is accompanied by	2216
a severe storm, by an unanticipated force of nature, such as a	2217
flash flood, by an abnormal tidal surge, or by some similarly	2218
unusual and unforeseeable event, that results in flooding as	2219
defined in division (M)(1)(a) of this section.	2220

(CC) "Flood plain" means the area adjoining any river,	2221
stream, watercourse, or lake that has been or may be covered by	2222
flood water.	2223

(DD) "One-hundred-year flood" means a flood having a one per	2224
cent chance of being equaled or exceeded in any given year.	2225

(EE) "One-hundred-year flood plain" means that portion of a	2226
flood plain inundated by a one-hundred-year flood.	2227

(FF) "Person" has the same meaning as in section 1.59 of the	2228
Revised Code and also includes this state, any political	2229
subdivision of this state, and any other state or local body of	2230
this state.	2231

(GG) "Substantial damage" means damage of any origin	2232
sustained by a manufactured or mobile home that is situated in a	2233
manufactured home park located in a flood plain when the cost of	2234
restoring the home to its condition before the damage occurred	2235
will equal or exceed fifty per cent of the market value of the	2236
home before the damage occurred.	2237

(HH) "Substantially alter" means a change in the layout or	2238
design of a manufactured home park, including, without limitation,	2239
the movement of utilities or changes in established streets, lots,	2240
or sites or in other facilities. In the case of manufactured home	2241
parks located within a one-hundred-year flood plain,	2242
"substantially alter" also includes changes in elevation resulting	2243
from the addition of fill, grading, or excavation that may affect	2244
flood plain management.	2245

(II) "Tract" means a contiguous area of land that consists of	2246
one or more parcels, lots, or sites that have been separately	2247
surveyed regardless of whether the individual parcels, lots, or	2248
sites have been recorded and regardless of whether the one or more	2249
parcels, lots, or sites are under common or different ownership.	2250

Sec. 4781.02. (A) There is hereby created the manufactured	2251
homes commission which consists of nine members, with three	2252
members appointed by the governor, three members appointed by the	2253
president of the senate, and three members appointed by the	2254
speaker of the house of representatives.	2255

(B)(1) Commission members shall be residents of this state,	2256
except for members appointed pursuant to divisions (B)(3)(b) and	2257
(B)(4)(a) of this section. Members shall be selected from a list	2258
of persons the Ohio manufactured homes association, or any	2259
successor entity, recommends, except for appointments made	2260
pursuant to division (B)(2) of this section.	2261

(2) The governor shall appoint the following members:

2262

(a) One member to represent the board of building standards,	2263
who may be a member of the board or a board employee not in the	2264
classified civil service, with an initial term ending December 31,	2265
2007;	2266

(b) One member ~~to represent the department of health, who may~~	2267
~~be a department employee not in the classified civil service, with~~	2268
~~an initial term ending December 31, 2005~~who is registered as a	2269
sanitarian in accordance with Chapter 4736. of the Revised Code,	2270
has experience with the regulation of manufactured homes, and is	2271
an employee of a health district described in section 3709.01 of	2272
the Revised Code;	2273

(c) One member whose primary residence is a manufactured	2274
home, with an initial term ending December 31, 2006.	2275

(3) The president of the senate shall appoint the following	2276
members:	2277

(a) Two members who are manufactured housing installers who	2278
have been actively engaged in the installation of manufactured	2279
housing for the five years immediately prior to appointment, with	2280
the initial term of one installer ending December 31, 2007, and	2281
the initial term of the other installer ending December 31, 2005.	2282

(b) One member who manufactures manufactured homes in this	2283
state or who manufactures manufactured homes in another state and	2284
ships homes into this state, to represent manufactured home	2285
manufacturers, with an initial term ending December 31, 2006.	2286

(4) The speaker of the house of representatives shall appoint	2287
the following members:	2288

(a) One member who operates a manufactured or mobile home	2289
retail business in this state to represent manufactured housing	2290
dealers, with an initial term ending December 31, 2007;	2291

(b) One member who is a manufactured home park operator or is	2292
employed by an operator, with an initial term ending December 31,	2293
2005;	2294

(c) One member to represent the Ohio manufactured home	2295
association, or any successor entity, who may be the president or	2296
executive director of the association or the successor entity,	2297
with an initial term ending December 31, 2006.	2298

(C)(1) After the initial term, each term of office is for	2299
four years ending on the thirty-first day of December. A member	2300
holds office from the date of appointment until the end of the	2301
term. No member may serve more than two consecutive four-year	2302
terms.	2303

(2) Any member appointed to fill a vacancy that occurs prior	2304
to the expiration of a term continues in office for the remainder	2305
of that term. Any member continues in office subsequent to the	2306
expiration date of the term until the member's successor takes	2307
office or until sixty days have elapsed, which ever occurs first.	2308

(3) A vacancy on the commission does not impair the authority	2309
of the remaining members to exercise all of the commission's	2310
powers.	2311

(D)(1) The governor may remove any member from office for	2312
incompetence, neglect of duty, misfeasance, nonfeasance,	2313
malfeasance, or unprofessional conduct in office.	2314

(2) Vacancies shall be filled in the manner of the original	2315
appointment.	2316

Sec. 4781.04. (A) The manufactured homes commission shall	2317
adopt rules pursuant to Chapter 119. of the Revised Code to do all	2318
of the following:	2319

(1) Establish uniform standards that govern the installation	2320
of manufactured housing. Not later than one hundred eighty days	2321
after the secretary of the United States department of housing and	2322
urban development adopts model standards for the installation of	2323
manufactured housing or amends those standards, the commission	2324
shall amend its standards as necessary to be consistent with, and	2325
not less stringent than, the model standards for the design and	2326
installation of manufactured housing the secretary adopts or any	2327
manufacturers' standards that the secretary determines are equal	2328
to or not less stringent than the model standards.	2329

(2) Govern the inspection of the installation of manufactured	2330
housing. The rules shall specify that the commission, any building	2331
department or personnel of any department, ~~any licensor or~~	2332
~~personnel of any licensor,~~ or any private third party, certified	2333
pursuant to section 4781.07 of the Revised Code shall conduct all	2334
inspections of the installation of manufactured housing located in	2335
manufactured home parks to determine compliance with the uniform	2336
installation standards the commission establishes pursuant to this	2337
section.	2338

~~As used in division (A)(2) of this section, "licensor" has~~	2339
~~the same meaning as in section 3733.01 of the Revised Code.~~	2340

(3) Govern the design, construction, installation, approval,	2341
and inspection of foundations and the base support systems for	2342
manufactured housing. The rules shall specify that the commission,	2343
any building department or personnel of any department, ~~any~~	2344
~~licensor or personnel of any licensor,~~ or any private third party,	2345
certified pursuant to section 4781.07 of the Revised Code shall	2346
conduct all inspections of the installation, foundations, and base	2347
support systems of manufactured housing located in manufactured	2348
home parks to determine compliance with the uniform installation	2349
standards and foundation and base support system design the	2350
commission establishes pursuant to this section.	2351

~~As used in division (A)(3) of this section, "licensor" has~~	2352
~~the same meaning as in section 3733.01 of the Revised Code.~~	2353

(4) Govern the training, experience, and education	2354
requirements for manufactured housing installers, manufactured	2355
housing dealers, manufactured housing brokers, and manufactured	2356
housing salespersons;	2357

(5) Establish a code of ethics for manufactured housing	2358
installers;	2359

(6) Govern the issuance, revocation, and suspension of	2360
licenses to manufactured housing installers;	2361

(7) Establish fees for the issuance and renewal of licenses,	2362
for conducting inspections to determine an applicant's compliance	2363
with this chapter and the rules adopted pursuant to it, and for	2364
the commission's expenses incurred in implementing this chapter;	2365

(8) Establish conditions under which a licensee may enter	2366
into contracts to fulfill the licensee's responsibilities;	2367

(9) Govern the investigation of complaints concerning any	2368
violation of this chapter or the rules adopted pursuant to it or	2369
complaints involving the conduct of any licensed manufactured	2370
housing installer or person installing manufactured housing	2371
without a license, licensed manufactured housing dealer, licensed	2372
manufactured housing broker, or manufactured housing salesperson;	2373

(10) Establish a dispute resolution program for the timely	2374
resolution of warranty issues involving new manufactured homes,	2375
disputes regarding responsibility for the correction or repair of	2376
defects in manufactured housing, and the installation of	2377
manufactured housing. The rules shall provide for the timely	2378
resolution of disputes between manufacturers, manufactured housing	2379
dealers, and installers regarding the correction or repair of	2380
defects in manufactured housing that are reported by the purchaser	2381
of the home during the one-year period beginning on the date of	2382
installation of the home. The rules also shall provide that	2383
decisions made regarding the dispute under the program are not	2384
binding upon the purchaser of the home or the other parties	2385
involved in the dispute unless the purchaser so agrees in a	2386
written acknowledgement that the purchaser signs and delivers to	2387
the program within ten business days after the decision is issued.	2388

(11) Establish the requirements and procedures for the	2389
certification of building departments and building department	2390
personnel pursuant to section 4781.07 of the Revised Code;	2391

(12) Establish fees to be charged to building departments and	2392
building department personnel applying for certification and	2393
renewal of certification pursuant to section 4781.07 of the	2394
Revised Code;	2395

(13) Develop a policy regarding the maintenance of records	2396
for any inspection authorized or conducted pursuant to this	2397
chapter, and any such record shall be a public record under	2398
section 149.43 of the Revised Code;	2399

(14) Carry out any other provision of this chapter.

2400

(B) The manufactured homes commission shall do all of the	2401
following:	2402

(1) Prepare and administer a licensure examination to	2403
determine an applicant's knowledge of manufactured housing	2404
installation and other aspects of installation the commission	2405
determines appropriate;	2406

(2) Select, provide, or procure appropriate examination	2407
questions and answers for the licensure examination and establish	2408
the criteria for successful completion of the examination;	2409

(3) Prepare and distribute any application form this chapter	2410
requires;	2411

(4) Receive applications for licenses and renewal of licenses	2412
and issue licenses to qualified applicants;	2413

(5) Establish procedures for processing, approving, and	2414
disapproving applications for licensure;	2415

(6) Retain records of applications for licensure, including	2416
all application materials submitted and a written record of the	2417
action taken on each application;	2418

(7) Review the design and plans for manufactured housing	2419
installations, foundations, and support systems;	2420

(8) Inspect a sample of homes at a percentage the commission	2421
determines to evaluate the construction and installation of	2422
manufactured housing installations, foundations, and support	2423
systems to determine compliance with the standards the commission	2424
adopts;	2425

(9) Investigate complaints concerning violations of this	2426
chapter or the rules adopted pursuant to it, or the conduct of any	2427
manufactured housing installer, manufactured housing dealer,	2428
manufactured housing broker, or manufactured housing salesperson;	2429

(10) Determine appropriate disciplinary actions for	2430
violations of this chapter;	2431

(11) Conduct audits and inquiries of manufactured housing	2432
installers, manufactured housing dealers, and manufactured housing	2433
brokers as appropriate for the enforcement of this chapter. The	2434
commission, or any person the commission employs for the purpose,	2435
may review and audit the business records of any manufactured	2436
housing installer, dealer, or broker during normal business hours.	2437

(12) Approve an installation training course, which may be	2438
offered by the Ohio manufactured homes association or other	2439
entity;	2440

(13) Perform any function or duty necessary to administer	2441
this chapter and the rules adopted pursuant to it.	2442

(C) Nothing in this section shall be construed to limit the	2443
authority of a board of health to enforce section 3701.344 and	2444
Chapters 3703., 3718., and 3781. of the Revised Code.	2445

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	2446
commission adopts, the commission may certify municipal, township,	2447
and county building departments and the personnel of those	2448
departments, ~~licensors as defined in section 3733.01 of the~~	2449
~~Revised Code and the personnel of those licensors,~~ or any private	2450
third party, to exercise the commission's enforcement authority,	2451
accept and approve plans and specifications for foundations,	2452
support systems and installations, and inspect manufactured	2453
housing foundations, support systems, and manufactured housing	2454
installations. Any certification is effective for three years.	2455

(B) Following an investigation and finding of facts that	2456
support its action, the commission may revoke or suspend	2457
certification. The commission may initiate an investigation on its	2458
own motion or the petition of a person affected by the enforcement	2459
or approval of plans.	2460

Sec. 4781.10. (A)(1) The manufactured homes commission may	2461
establish programs and requirements for continuing education for	2462
manufactured housing installers. The commission shall not require	2463
licensees to complete more than eight credit hours of continuing	2464
education during each license period. If the commission	2465
establishes a program of continuing education, it shall require	2466
that only courses that the commission preapproves be accepted for	2467
licensure credit, and unless an extension is granted pursuant to	2468
division (D) of this section, that all credit hours be	2469
successfully completed prior to the expiration of the installer's	2470
license.	2471

(2) The manufactured homes commission shall establish by rule	2472
programs of continuing education for manufactured home park	2473
operators and shall approve by rule any courses offered through	2474
those programs. The rules the commission adopts shall specify that	2475
the courses shall be developed by the Ohio manufactured homes	2476
association in consultation with the association of manufactured	2477
home residents of Ohio, or any other entity the commission	2478
designates by rule. The courses shall be designed to fulfill the	2479
license renewal requirements of section 3733.03 of the Revised	2480
Code of eight hours of continuing education and shall be presented	2481
by the Ohio manufactured homes association, or any other entity	2482
the commission designates by rule, as the course provider.	2483
Certified completion of the course shall fulfill the continuing	2484
education requirement of license renewal.	2485

(B) To provide the resources to administer continuing	2486
education programs, the commission may establish nonrefundable	2487
fees, including any of the following:	2488

(1) An application fee not to exceed one hundred fifty	2489
dollars charged to the sponsor of each proposed course;	2490

(2) A renewal fee not to exceed seventy-five dollars, charged	2491
to the sponsor of each course, for the annual renewal of course	2492
approval;	2493

(3) A course fee charged to the sponsor of each course	2494
offered, not to exceed five dollars per credit hour, for each	2495
person completing an approved course;	2496

(4) A student fee charged to licensees, not to exceed fifty	2497
dollars, for each course or activity a student submits to the	2498
commission for approval.	2499

(C) The commission may adopt reasonable rules not	2500
inconsistent with this chapter to carry out any continuing	2501
education program, including rules that govern the following:	2502

(1) The content and subject matter of continuing education	2503
courses;	2504

(2) The criteria, standards, and procedures for the approval	2505
of courses, course sponsors, and course instructors;	2506

(3) The methods of instruction;

2507

(4) The computation of course credit;

2508

(5) The ability to carry forward course credit from one year	2509
to another;	2510

(6) Conditions under which the commission may grant a waiver	2511
or variance from continuing education requirements on the basis of	2512
hardship or other reasons;	2513

(7) Procedures for compliance with the continuing education	2514
requirements and sanctions for noncompliance.	2515

(D) The commission shall not renew the license of any person	2516
who fails to satisfy any continuing education requirement that the	2517
commission establishes. The commission may, for good cause, grant	2518
an extension of time to comply with the continuing education	2519
requirements. Any installer who is granted an extension and	2520
completes the continuing education requirements within the time	2521
the commission establishes is deemed in compliance with the	2522
education requirements. The license of any person who is granted	2523
an extension shall remain in effect during the period of the	2524
extension.	2525

Sec. 4781.121. (A) The manufactured homes commission,	2526
pursuant to section 4781.04 of the Revised Code, may investigate	2527
any person who allegedly has committed a violation. If, after an	2528
investigation the commission determines that reasonable evidence	2529
exists that a person has committed a violation, within seven days	2530
after that determination, the commission shall send a written	2531
notice to that person in the same manner as prescribed in section	2532
119.07 of the Revised Code for licensees, except that the notice	2533
shall specify that a hearing will be held and specify the date,	2534
time, and place of the hearing.	2535

(B) The commission shall hold a hearing regarding the alleged	2536
violation in the same manner prescribed for an adjudication	2537
hearing under section 119.09 of the Revised Code. If the	2538
commission, after the hearing, determines that a violation has	2539
occurred, the commission, upon an affirmative vote of five of its	2540
members, may impose a fine not exceeding one thousand dollars per	2541
violation per day. The commission's determination is an order that	2542
the person may appeal in accordance with section 119.12 of the	2543
Revised Code.	2544

(C) If the person who allegedly committed a violation fails	2545
to appear for a hearing, the commission may request the court of	2546
common pleas of the county where the alleged violation occurred to	2547
compel the person to appear before the commission for a hearing.	2548

(D) If the commission assesses a person a civil penalty for a	2549
violation and the person fails to pay that civil penalty within	2550
the time period prescribed by the commission pursuant to section	2551
131.02 of the Revised Code, the commission shall forward to the	2552
attorney general the name of the person and the amount of the	2553
civil penalty for the purpose of collecting that civil penalty. In	2554
addition to the civil penalty assessed pursuant to this section,	2555
the person also shall pay any fee assessed by the attorney general	2556
for collection of the civil penalty.	2557

(E) The authority provided to the commission pursuant to this	2558
section, and any fine imposed under this section, shall be in	2559
addition to, and not in lieu of, all penalties and other remedies	2560
provided in this chapter. Any fines collected pursuant to this	2561
section shall be used solely to administer and enforce this	2562
chapter and rules adopted under it.	2563

(F) As used in this section, "violation" means a violation of	2564
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant	2565
to section 4781.04, of the Revised Code.	2566

Sec. 4781.14. (A) ~~Except as provided in division (A)(3) of~~	2567
~~section 3733.02 of the Revised Code, the state, through the~~The	2568
manufactured homes commission, has exclusive authority to regulate	2569
manufactured home installers, the installation of manufactured	2570
housing, and manufactured housing foundations and support systems	2571
in ~~the~~this state. By enacting this chapter, it is the intent of	2572
the general assembly to preempt municipal corporations and other	2573
political subdivisions from regulating and licensing manufactured	2574
housing installers and regulating and inspecting the installation	2575
of manufactured housing and manufactured housing foundations and	2576
support systems.	2577

(B) ~~Except as provided in division (A)(3) of section 3733.02~~	2578
~~of the Revised Code, the~~The manufactured homes commission has	2579
exclusive power to adopt rules of uniform application throughout	2580
the state governing installation of manufactured housing, the	2581
inspection of manufactured housing foundations and support	2582
systems, the inspection of the installation of manufactured	2583
housing, the training and licensing of manufactured housing	2584
installers, and the investigation of complaints concerning	2585
manufactured housing installers.	2586

(C) ~~Except as provided in division (A)(3) of section 3733.02~~	2587
~~of the Revised Code, the~~The rules the commission adopts pursuant	2588
to this chapter are the exclusive rules governing the installation	2589
of manufactured housing, the design, construction, and approval of	2590
foundations for manufactured housing, the licensure of	2591
manufactured home installers, and the fees charged for licensure	2592
of manufactured home installers. No political subdivision of the	2593
state or any department or agency of the state may establish any	2594
other standards governing the installation of manufactured	2595
housing, manufactured housing foundations and support systems, the	2596
licensure of manufactured housing installers, or fees charged for	2597
the licensure of manufactured housing installers.	2598

(D) Nothing in this section limits the authority of the	2599
attorney general to enforce Chapter 1345. of the Revised Code or	2600
to take any action permitted by the Revised Code against	2601
manufactured housing installers, retailers, or manufacturers.	2602

Sec. 4781.15. The remedies in ~~sections 4781.01 to 4781.14 of~~	2603
~~the Revised Code~~this chapter are in addition to remedies	2604
otherwise available for the same conduct under state or local law.	2605

~~Sec. 3733.02.~~ Sec. 4781.26. (A)~~(1)~~ The ~~public health council~~	2606
manufactured homes commission, subject to Chapter 119. of the	2607
Revised Code, shall adopt, and has the exclusive power to adopt,	2608
rules of uniform application throughout the state governing the	2609
review of plans, issuance of flood plain management permits, and	2610
issuance of licenses for manufactured home parks; the location,	2611
layout, density, construction, drainage, sanitation, safety, and	2612
operation of those parks; and notices of flood events concerning,	2613
and flood protection at, those parks. The rules pertaining to	2614
flood plain management shall be consistent with and not less	2615
stringent than the flood plain management criteria of the national	2616
flood insurance program adopted under the "National Flood	2617
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	2618
amended. The rules shall not apply to the construction, erection,	2619
or manufacture of any building to which section 3781.06 of the	2620
Revised Code is applicable.	2621

~~(2)~~(B) The rules pertaining to manufactured home parks	2622
constructed after June 30, 1971, shall specify that each home must	2623
be placed on its lot to provide not less than fifteen feet between	2624
the side of one home and the side of another home, ten feet	2625
between the end of one home and the side of another home, and five	2626
feet between the ends of two homes placed end to end.	2627

~~(3)~~(C) The manufactured homes commission shall determine	2628
compliance with the installation, blocking, tiedown, foundation,	2629
and base support system standards for manufactured housing located	2630
in manufactured home parks adopted by the commission pursuant to	2631
section 4781.04 of the Revised Code. All inspections of the	2632
installation, blocking, tiedown, foundation, and base support	2633
systems of manufactured housing in a manufactured home park that	2634
the ~~department of health or a licensor~~commission conducts shall	2635
be conducted by a person ~~who has completed an installation~~	2636
~~training course approved by~~ the manufactured homes commission	2637
certifies pursuant to ~~division (B)(12) of~~ section ~~4781.04~~4781.07	2638
of the Revised Code.	2639

~~As used in division (A)(3) of this section, "manufactured~~	2640
~~housing" has the same meaning as in section 4781.01 of the Revised~~	2641
~~Code.~~	2642

~~(B) The public health council, in accordance with Chapter~~	2643
~~119. of the Revised Code, shall adopt rules of uniform application~~	2644
~~throughout the state establishing requirements and procedures in~~	2645
~~accordance with which the director of health may authorize~~	2646
~~licensors for the purposes of sections 3733.022 and 3733.025 of~~	2647
~~the Revised Code. The rules shall include at least provisions~~	2648
~~under which a licensor may enter into contracts for the purpose of~~	2649
~~fulfilling the licensor's responsibilities under either or both of~~	2650
~~those sections.~~	2651

~~Sec. 3733.03.~~ Sec. 4781.27. (A)(1) On or after the first day of	2652
December, but before the first day of January of the next year,	2653
every person who intends to operate a manufactured home park shall	2654
procure a license to operate the park for the next year from the	2655
~~licensor~~manufactured homes commission. If the applicable license	2656
fee prescribed under section ~~3733.04~~4781.28 of the Revised Code	2657
is not received by the ~~licensor~~commission by the close of	2658
business on the last day of December, the applicant for the	2659
license shall pay a penalty equal to twenty-five per cent of the	2660
applicable license fee. The penalty shall accompany the license	2661
fee. If the last day of December is not a business day, the	2662
penalty attaches upon the close of business on the next business	2663
day.	2664

(2) No manufactured home park shall be maintained or operated	2665
in this state without a license.	2666

(3) No person who has received a license, upon the sale or	2667
disposition of the manufactured home park, may have the license	2668
transferred to the new operator. A person shall obtain a separate	2669
license to operate each manufactured home park.	2670

(B) Before a license is initially issued and annually	2671
thereafter, or more often if necessary, the ~~licensor~~commission	2672
shall cause each manufactured home park to be inspected ~~relative~~	2673
tofor compliance with sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	2674
of the Revised Code and the rules adopted under those sections. A	2675
record shall be made of each inspection on a form prescribed by	2676
the ~~director of health~~commission.	2677

(C) Each person applying for an initial license to operate a	2678
manufactured home park shall provide acceptable proof to the	2679
~~director~~ commission that adequate fire protection will be	2680
provided and that applicable fire codes will be adhered to in the	2681
construction and operation of the park.	2682

(D) The commission shall not renew a license to operate a	2683
manufactured home park unless the licensee has completed an	2684
average of at least eight hours of continuing education courses	2685
per year since the prior renewal or, if an initial license is	2686
being renewed, since the issuance of that license. The commission	2687
shall not accept any course in fulfillment of this requirement	2688
unless the manufactured homes commission has approved that course	2689
for credit under section 4781.10 of the Revised Code.	2690

~~Sec. 3733.04.~~ Sec. 4781.28. The ~~licensor of a manufactured home~~	2691
~~park~~manufactured homes commission may charge a fee for an annual	2692
license to operate ~~such~~ a manufactured home park. The fee for a	2693
license shall be determined in accordance with section ~~3709.09~~	2694
4781.26 of the Revised Code and shall include the cost of	2695
licensing and all inspections.	2696

~~The fee also shall include any additional amount determined~~	2697
~~by rule of the public health council, which shall be collected and~~	2698
~~transmitted by the board of health to the director of health~~	2699
~~pursuant to section 3709.092 of the Revised Code and used only for~~	2700
~~the purpose of administering and enforcing sections 3733.01 to~~	2701
~~3733.08 of the Revised Code and the rules adopted under those~~	2702
~~sections. The portion of any fee retained by the board of health~~	2703
Any fees collected shall be ~~paid into a special fund~~transmitted	2704
to the treasurer of state and shall be credited to the	2705
manufactured homes commission regulatory fund created in section	2706
4781.54 of the Revised Code and used only for the purpose of	2707
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	2708
4781.35 of the Revised Code and the rules adopted thereunder.	2709

~~Sec. 3733.05.~~ Sec. 4781.29. The ~~licensor of the health district in~~	2710
~~which a manufactured home park is or is to be located, in~~	2711
~~accordance with Chapter 119. of the Revised Code,~~manufactured	2712
homes commission may refuse to grant, may suspend, or may revoke	2713
any license granted to any person for failure to comply with	2714
sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or	2715
with any rule adopted ~~by the public health council~~ under section	2716
~~3733.02~~4781.26 of the Revised Code.	2717

~~Sec. 3733.06.~~ Sec. 4781.30. (A) Upon a license being issued under	2718
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code,	2719
any operator shall have the right to rent or use each lot for the	2720
parking or placement of a manufactured home or mobile home to be	2721
used for human habitation without interruption for any period	2722
coextensive with any license or consecutive licenses issued under	2723
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code.	2724

(B) No operator of a manufactured home park shall sell	2725
individual lots in a park for eight years following the issuance	2726
of the initial license for the park unless, at the time of sale,	2727
the park fulfills all platting and subdivision requirements	2728
established by the political subdivision in which the park is	2729
located, or the political subdivision has entered into an	2730
agreement with the operator regarding platting and subdivision	2731
requirements and the operator has fulfilled the terms of that	2732
agreement.	2733

~~Sec. 3733.021.~~ Sec. 4781.31. (A) No person shall cause development	2734
to occur within any portion of a manufactured home park until the	2735
plans for the development have been submitted to and reviewed and	2736
approved by the ~~director of health~~manufactured homes commission.	2737
This division does not require that plans be submitted to the	2738
~~director~~commission for approval for the replacement of	2739
manufactured or mobile homes on previously approved lots in a	2740
manufactured home park when no development is to occur in	2741
connection with the replacement. Within thirty days after receipt	2742
of the plans, all supporting documents and materials required to	2743
complete the review, and the applicable plan review fee	2744
established under division (D) of this section, the ~~director~~	2745
commission shall approve or disapprove the plans.	2746

(B) Any person aggrieved by the ~~director's~~commission's	2747
disapproval of a set of plans under division (A) of this section	2748
may request a hearing on the matter within thirty days after	2749
receipt of the ~~director's~~commission's notice of the disapproval.	2750
The hearing shall be held in accordance with Chapter 119. of the	2751
Revised Code. Thereafter, the disapproval may be appealed in the	2752
manner provided in section 119.12 of the Revised Code.	2753

(C) The ~~director~~commission shall establish a system by which	2754
development occurring within a manufactured home park is inspected	2755
or verified in accordance with rules adopted under ~~division (A) of~~	2756
section ~~3733.02~~4781.26 of the Revised Code to ensure that the	2757
development complies with the plans approved under division (A) of	2758
this section.	2759

(D) The ~~public health council~~commission shall establish fees	2760
for reviewing plans under division (A) of this section and	2761
conducting inspections under division (C) of this section.	2762

(E) The ~~director~~commission shall charge the appropriate fees	2763
established under division (D) of this section for reviewing plans	2764
under division (A) of this section and conducting inspections	2765
under division (C) of this section. All such plan review and	2766
inspection fees received by the ~~director~~commission shall be	2767
transmitted to the treasurer of state and shall be credited to the	2768
~~general operations~~occupational licensing and regulatory fund	2769
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	2770
credited to the fund shall be used only for the purpose of	2771
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	2772
4781.35 of the Revised Code and rules adopted under those	2773
sections.	2774

(F) Plan approvals issued under this section do not	2775
constitute an exemption from the land use and building	2776
requirements of the political subdivision in which the	2777
manufactured home park is or is to be located.	2778

~~Sec. 3733.022.~~ Sec. 4781.32. (A) No person shall cause development	2779
to occur or cause the replacement of a mobile or manufactured home	2780
within any portion of a manufactured home park that is located	2781
within a one-hundred-year flood plain unless the person first	2782
obtains a permit from the ~~director of health or a licensor~~	2783
~~authorized by the director~~manufactured homes commission. If the	2784
development for which a permit is required under this division is	2785
to occur on a lot where a mobile or manufactured home is or is to	2786
be located, the owner of the home and the operator of the	2787
manufactured home park shall jointly obtain the permit. Each of	2788
the persons to whom a permit is jointly issued is responsible for	2789
compliance with the provisions of the approved permit that are	2790
applicable to that person.	2791

The ~~director or a licensor authorized by the director~~	2792
commission shall disapprove an application for a permit required	2793
under this division unless the ~~director or the licensor~~commission	2794
finds that the proposed development or replacement of a mobile or	2795
manufactured home complies with the rules adopted under ~~division~~	2796
~~(A) of~~ section ~~3733.02~~4781.26 of the Revised Code. No permit is	2797
required under this division for the construction, erection, or	2798
manufacture of any building to which section 3781.06 of the	2799
Revised Code applies.	2800

The ~~director or a licensor authorized by the director~~	2801
commission may suspend or revoke a permit issued under this	2802
division for failure to comply with the rules adopted under	2803
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	2804
pertaining to flood plain management or for failure to comply with	2805
the approved permit.	2806

Any person aggrieved by the disapproval, suspension, or	2807
revocation of a permit under this division by the ~~director or by a~~	2808
~~licensor authorized by the director~~commission may request a	2809
hearing on the matter within thirty days after receipt of the	2810
notice of the disapproval, suspension, or revocation. The hearing	2811
shall be held in accordance with Chapter 119. of the Revised Code.	2812
Thereafter, an appeal of the disapproval, suspension, or	2813
revocation may be taken in the manner provided in section 119.12	2814
of the Revised Code.	2815

(B) The ~~public health council~~commission shall establish fees	2816
for the issuance of permits under division (A) of this section and	2817
for necessary inspections conducted to determine compliance with	2818
those permits.	2819

(C) The ~~director or a licensor authorized by the director~~	2820
commission shall charge the appropriate fee established under	2821
division (B) of this section for the issuance of a permit under	2822
division (A) of this section or for conducting any necessary	2823
inspection to determine compliance with the permit. If the	2824
~~director~~commission issues such a permit or conducts such an	2825
inspection, the fee for the permit or inspection shall be	2826
transmitted to the treasurer of state and shall be credited to the	2827
~~general operations~~occupational licensing and regulatory fund	2828
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	2829
credited to the fund shall be used ~~by the director~~ only for the	2830
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	2831
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	2832
sections. ~~If the licensor is a board of health, the permit or~~	2833
~~inspection fee shall be deposited to the credit of the special~~	2834
~~fund of the health district created in section 3733.04 of the~~	2835
~~Revised Code and shall be used only for the purpose set forth in~~	2836
~~that section.~~	2837

~~Sec. 3733.024.~~ Sec. 4781.33. ~~(A)~~ When a flood event affects a	2838
manufactured home park, the operator of the manufactured home	2839
park, in accordance with rules adopted under ~~division (A) of~~	2840
section ~~3733.02~~4781.26 of the Revised Code, shall notify the	2841
~~licensor having jurisdiction of the occurrence of~~manufactured	2842
homes commission and the board of health having jurisdiction where	2843
the flood event occurred within forty-eight hours after the end of	2844
the flood event. The commission, after receiving notification,	2845
shall immediately notify the board of health.	2846

~~No person shall fail to comply with this division.~~

2847

~~(B) The licensor having jurisdiction where a flood event~~	2848
~~occurred that affected a manufactured home park shall notify the~~	2849
~~director of health of the occurrence of the flood event within~~	2850
~~twenty-four hours after being notified of the flood event under~~	2851
~~division (A) of this section. Within forty-eight hours after~~After	2852
being notified of such a flood event ~~by a licensor~~, the ~~director~~	2853
board of health shall cause an inspection to be made of the	2854
manufactured home park named in the notice.	2855

~~Sec. 3733.025.~~ Sec. 4781.34. (A) If a mobile or manufactured home	2856
that is located in a flood plain is substantially damaged, the	2857
owner of the home shall make all alterations, repairs, or changes	2858
to the home, and the operator of the manufactured home park shall	2859
make all alterations, repairs, or changes to the lot on which the	2860
home is located, that are necessary to ensure compliance with the	2861
flood plain management rules adopted under ~~division (A) of~~ section	2862
~~3733.02~~4781.26 of the Revised Code. Such alterations, repairs, or	2863
changes may include, without limitation, removal of the home or	2864
other structures.	2865

No person shall fail to comply with this division.

2866

(B) No person shall cause to be performed any alteration,	2867
repair, or change required by division (A) of this section unless	2868
the person first obtains a permit from the ~~director of health or a~~	2869
~~licensor authorized by the director~~manufactured homes commission.	2870
~~The owner of the home and the operator of the manufactured home~~	2871
~~park shall jointly obtain the permit required by this division.~~	2872
~~Each of the persons to whom a permit is jointly issued is~~	2873
~~responsible for compliance with the provisions of the approved~~	2874
~~permit that are applicable to that person.~~	2875

The ~~director or a licensor authorized by the director~~	2876
commission shall disapprove an application for a permit required	2877
under this division unless the ~~director or the licensor~~commission	2878
finds that the proposed alteration, repair, or change complies	2879
with the rules adopted under ~~division (A) of~~ section ~~3733.02~~	2880
4781.26 of the Revised Code. No permit is required under this	2881
division for the construction, erection, or manufacture of any	2882
building to which section 3781.06 of the Revised Code applies.	2883

The ~~director or a licensor authorized by the director~~	2884
commission may suspend or revoke a permit issued under this	2885
division for failure to comply with the rules adopted under	2886
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	2887
pertaining to flood plain management or for failure to comply with	2888
the approved permit.	2889

Any person aggrieved by the disapproval, suspension, or	2890
revocation of a permit under this division by the ~~director or by a~~	2891
~~licensor authorized by the director~~commission may request a	2892
hearing on the matter within thirty days after receipt of the	2893
notice of the disapproval, suspension, or revocation. The hearing	2894
shall be held in accordance with Chapter 119. of the Revised Code.	2895
Thereafter, an appeal of the disapproval, suspension, or	2896
revocation may be taken in the manner provided in section 119.12	2897
of the Revised Code and for necessary inspections conducted to	2898
determine compliance with those permits.	2899

(C) The ~~public health council~~commission shall establish fees	2900
for the issuance of permits under division (B) of this section and	2901
for necessary inspections conducted to determine compliance with	2902
those permits.	2903

(D) The ~~director or a licensor authorized by the director~~	2904
commission shall charge the appropriate fee established under	2905
division (C) of this section for the issuance of a permit under	2906
division (B) of this section or for conducting any necessary	2907
inspection to determine compliance with the permit. If the	2908
~~director~~commission issues such a permit or conducts such an	2909
inspection, the fee for the permit or inspection shall be	2910
transmitted to the treasurer of state and shall be credited to the	2911
~~general operations~~occupational licensing and regulatory fund	2912
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	2913
credited to the fund shall be used ~~by the director~~ only for the	2914
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	2915
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	2916
sections. ~~If the licensor is a board of health, the permit or~~	2917
~~inspection fee shall be deposited to the credit of the special~~	2918
~~fund of the health district created in section 3733.04 of the~~	2919
~~Revised Code and shall be used only for the purpose set forth in~~	2920
~~that section.~~	2921

~~Sec. 3733.08.~~ Sec. 4781.35. (A) No person shall violate sections	2922
~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or the	2923
rules adopted thereunder.	2924

(B) The prosecuting attorney of the county, the city director	2925
of law, or the attorney general, upon complaint of the ~~licensor or~~	2926
~~the director of health~~manufactured homes commission, shall	2927
prosecute to termination or bring an action for injunction against	2928
any person violating sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	2929
of the Revised Code or the rules adopted thereunder.	2930

~~Sec. 3733.09.~~ Sec. 4781.36. (A) Subject to section ~~3733.091~~	2931
4781.37 of the Revised Code, a park operator shall not retaliate	2932
against a resident by increasing the resident's rent, decreasing	2933
services that are due to the resident, refusing to renew or	2934
threatening to refuse to renew the rental agreement with the	2935
resident, or bringing or threatening to bring an action for	2936
possession of the resident's premises because:	2937

(1) The resident has complained to an appropriate	2938
governmental agency of a violation of a building, housing, health,	2939
or safety code that is applicable to the premises, and the	2940
violation materially affects health and safety;	2941

(2) The resident has complained to the park operator of any	2942
violation of section ~~3733.10~~4781.38 of the Revised Code;	2943

(3) The resident joined with other residents for the purpose	2944
of negotiating or dealing collectively with the park operator on	2945
any of the terms and conditions of a rental agreement.	2946

(B) If a park operator acts in violation of division (A) of	2947
this section, the resident may:	2948

(1) Use the retaliatory action of the park operator as a	2949
defense to an action by the park operator to recover possession of	2950
the premises;	2951

(2) Recover possession of the premises;

2952

(3) Terminate the rental agreement.

2953

In addition, the resident may recover from the park operator	2954
any actual damages together with reasonable attorneys fees.	2955

(C) Nothing in division (A) of this section prohibits a park	2956
operator from increasing the rent to reflect the cost of	2957
improvements installed by the park operator in or about the	2958
premises or to reflect an increase in other costs of operation of	2959
the premises.	2960

~~Sec. 3733.091.~~ Sec. 4781.37. (A) Notwithstanding section ~~3733.09~~	2961
4781.36 of the Revised Code, a park operator may bring an action	2962
under Chapter 1923. of the Revised Code for possession of the	2963
premises if any of the following applies:	2964

(1) The resident is in default in the payment of rent.

2965

(2) The violation of the applicable building, housing,	2966
health, or safety code that the resident complained of was	2967
primarily caused by any act or lack of reasonable care by the	2968
resident, by any other person in the resident's household, or by	2969
anyone on the premises with the consent of the resident.	2970

(3) The resident is holding over the resident's term.

2971

(4) The resident is in violation of rules of the ~~public~~	2972
~~health council~~manufactured homes commission adopted pursuant to	2973
section ~~3733.02~~4781.26 of the Revised Code or rules of the	2974
manufactured home park adopted pursuant to the rules of the ~~public~~	2975
~~health council~~manufactured homes commission.	2976

(5) The resident has been absent from the manufactured home	2977
park for a period of thirty consecutive days prior to the	2978
commencement of the action, and the resident's manufactured home,	2979
mobile home, or recreational vehicle parked in the manufactured	2980
home park has been left unoccupied for that thirty-day period,	2981
without notice to the park operator and without payment of rent	2982
due under the rental agreement.	2983

(B) The maintenance of an action by the park operator under	2984
this section does not prevent the resident from recovering damages	2985
for any violation by the park operator of the rental agreement or	2986
of section ~~3733.10~~4781.38 of the Revised Code.	2987

~~Sec. 3733.10.~~ Sec. 4781.38. (A) A park operator who is a party to	2988
a rental agreement shall:	2989

(1) Comply with the requirements of all applicable building,	2990
housing, health, and safety codes which materially affect health	2991
and safety, and comply with rules of the ~~public health council~~	2992
manufactured homes commission;	2993

(2) Make all repairs and do whatever is reasonably necessary	2994
to put and keep the premises in a fit and habitable condition;	2995

(3) Keep all common areas of the premises in a safe and	2996
sanitary condition;	2997

(4) Maintain in good and safe working order and condition all	2998
electrical and plumbing fixtures and appliances, and septic	2999
systems, sanitary and storm sewers, refuse receptacles, and well	3000
and water systems that are supplied or required to be supplied by	3001
~~him~~the park operator;	3002

(5) Not abuse the right of access conferred by division (B)	3003
of section ~~3733.101~~4781.39 of the Revised Code;	3004

(6) Except in the case of emergency or if it is impracticable	3005
to do so, give the resident reasonable notice of ~~his~~the park	3006
operator's intent to enter onto the residential premises and enter	3007
only at reasonable times. Twenty-four hours' notice shall be	3008
presumed to be a reasonable notice in the absence of evidence to	3009
the contrary.	3010

(B) If the park operator violates any provision of this	3011
section, makes a lawful entry onto the residential premises in an	3012
unreasonable manner, or makes repeated demands for entry otherwise	3013
lawful which demands have the effect of harassing the resident,	3014
the resident may recover actual damages resulting from the	3015
violation, entry, or demands and injunctive relief to prevent the	3016
recurrence of the conduct, and if hethe resident obtains a	3017
judgment, reasonable attorneys' fees, or terminate the rental	3018
agreement.	3019

~~Sec. 3733.101.~~ Sec. 4781.39. (A) A resident who is a party to a	3020
rental agreement shall:	3021

(1) Keep that part of the premises that the resident occupies	3022
and uses safe and sanitary;	3023

(2) Dispose of all rubbish, garbage, and other waste in a	3024
clean, safe, and sanitary manner;	3025

(3) Comply with the requirements imposed on residents by all	3026
applicable state and local housing, health, and safety codes,	3027
rules of the ~~public health council~~manufactured homes commission,	3028
and rules of the manufactured home park;	3029

(4) Personally refrain, and forbid any other person who is on	3030
the premises with the resident's permission, from intentionally or	3031
negligently destroying, defacing, damaging, or removing any	3032
fixture, appliance, or other part of the residential premises;	3033

(5) Conduct self and require other persons on the premises	3034
with the resident's consent to conduct themselves in a manner that	3035
will not disturb the resident's neighbors' peaceful enjoyment of	3036
the manufactured home park.	3037

(B) The resident shall not unreasonably withhold consent for	3038
the park operator to enter the home to inspect utility	3039
connections, or enter onto the premises in order to inspect the	3040
premises, make ordinary, necessary, or agreed repairs,	3041
decorations, alterations, or improvements, deliver parcels which	3042
are too large for the resident's mail facilities, or supply	3043
necessary or agreed services.	3044

(C) If the resident violates any provision of this section,	3045
the park operator may recover any actual damages which result from	3046
the violation and reasonable attorneys' fees. This remedy is in	3047
addition to any right of the park operator to terminate the rental	3048
agreement, to maintain an action for the possession of the	3049
premises, or injunctive relief to compel access under division (B)	3050
of this section.	3051

~~Sec. 3733.12.~~ Sec. 4781.41. (A) If a park operator fails to	3052
fulfill any obligation imposed upon ~~him~~the park operator by	3053
section ~~3733.10~~4781.38 of the Revised Code or by the rental	3054
agreement, or the conditions of the premises are such that the	3055
resident reasonably believes that a park operator has failed to	3056
fulfill any such obligations, or a governmental agency has found	3057
that the premises are not in compliance with building, housing,	3058
health, or safety codes which apply to any condition of the	3059
residential premises that could materially affect the health and	3060
safety of an occupant, the resident may give notice in writing to	3061
the park operator specifying the acts, omissions, or code	3062
violations that constitute noncompliance with such provisions. The	3063
notice shall be sent to the person or place where rent is normally	3064
paid.	3065

(B) If a park operator receives the notice described in	3066
division (A) of this section and after receipt of the notice fails	3067
to remedy the condition within a reasonable time, considering the	3068
severity of the condition and the time necessary to remedy such	3069
condition, or within thirty days, whichever is sooner, and if the	3070
resident is current in rent payments due under the rental	3071
agreement, the resident may do one of the following:	3072

(1) Deposit all rent that is due and thereafter becomes due	3073
the park operator with the clerk of court of the municipal or	3074
county court having jurisdiction in the territory in which the	3075
residential premises are located;	3076

(2) Apply to the court for an order directing the park	3077
operator to remedy the condition. As part thereof, the resident	3078
may deposit rent pursuant to division (B)(1) of this section, and	3079
may apply for an order reducing the periodic rent due the park	3080
operator until such time as the park operator does remedy the	3081
condition, and may apply for an order to use the rent deposited to	3082
remedy the condition. In any order issued pursuant to this	3083
division, the court may require the resident to deposit rent with	3084
the clerk of court as provided in division (B)(1) of this section.	3085

~~Sec. 3733.121.~~ Sec. 4781.42. (A) Whenever a resident deposits rent	3086
with the clerk of a court as provided in section ~~3733.12~~4781.41	3087
of the Revised Code, the clerk shall give written notice of this	3088
fact to the park operator and to ~~his~~the park operator's agent, if	3089
any.	3090

(B) The clerk shall place all rent deposited with ~~him~~the	3091
clerk in a separate rent escrow account in the name of the clerk	3092
in a bank or building and loan association domiciled in this	3093
state.	3094

(C) The clerk shall keep in a separate docket an account of	3095
each deposit, with the name and address of the resident, and the	3096
name and address of the park operator and of ~~his~~the park	3097
operator's agent, if any.	3098

(D) For ~~his~~the clerk's costs, the clerk may charge a fee of	3099
one per cent of the amount of the rent deposited, which shall be	3100
assessed as court costs.	3101

(E) All interest that has accrued on the rent deposited by	3102
the clerk of a county court under division (B) of this section	3103
shall be paid into the treasury of the political subdivision for	3104
which the clerk performs ~~his~~the clerk's duties. All interest that	3105
has accrued on the rent deposited by the clerk of a municipal	3106
court under division (B) of this section shall be paid into the	3107
city treasury as defined in division (B) of section 1901.03 of the	3108
Revised Code.	3109

~~Sec. 3733.122.~~ Sec. 4781.43. (A) A park operator who receives	3110
notice that rent due ~~him~~the park operator has been deposited with	3111
a clerk of court pursuant to section ~~3733.12~~4781.41 of the	3112
Revised Code, may:	3113

(1) Apply to the clerk of court for release of the rent on	3114
the ground that the condition contained in the notice given	3115
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	3116
Code has been remedied. The clerk shall forthwith release the	3117
rent, less costs, to the park operator if the resident gives	3118
written notice to the clerk that the condition has been remedied.	3119

(2) Apply to the court for release of the rent on the grounds	3120
that the resident did not comply with the notice requirement of	3121
division (A) of section ~~3733.12~~4781.41 of the Revised Code, or	3122
that the resident was not current in rent payments due under the	3123
rental agreement at the time the resident initiated rent deposits	3124
with the clerk of courts under division (B)(1) of section ~~3733.12~~	3125
4781.41 of the Revised Code;	3126

(3) Apply to the court for release of the rent on the grounds	3127
that there was no violation of any obligation imposed upon the	3128
park operator by section ~~3733.10~~4781.38 of the Revised Code or by	3129
the rental agreement, or by any building, housing, health, or	3130
safety code, or that the condition contained in the notice given	3131
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	3132
Code has been remedied.	3133

(B) The resident shall be named as a party to any action	3134
filed by the park operator under this section, and shall have the	3135
right to file an answer and counterclaim, as in other civil cases.	3136
A trial shall be held within sixty days of the date of filing of	3137
the park operator's complaint, unless for good cause shown the	3138
court grants a continuance.	3139

(C) If the court finds that there was no violation of any	3140
obligation imposed upon the park operator by section ~~3733.10~~	3141
4781.38 of the Revised Code or by the rental agreement, or by any	3142
building, housing, health, or safety code, or that the condition	3143
contained in the notice given pursuant to division (A) of section	3144
~~3733.12~~4781.41 of the Revised Code has been remedied, or that the	3145
resident did not comply with the notice requirement of division	3146
(A) of section ~~3733.12~~4781.41 of the Revised Code, or that the	3147
resident was not current in rent payments at the time the resident	3148
initiated rent deposits with the clerk of court under division	3149
(B)(1) of section ~~3733.12~~4781.41 of the Revised Code, the court	3150
shall order the release to the park operator of rent on deposit	3151
with the clerk, less costs.	3152

(D) If the court finds that the condition contained in the	3153
notice given pursuant to division (A) of section ~~3733.12~~4781.41	3154
of the Revised Code was the result of an act or omission of the	3155
resident, or that the resident intentionally acted in bad faith in	3156
proceeding under section ~~3733.12~~4781.41 of the Revised Code, the	3157
resident shall be liable for damages caused to the park operator,	3158
and for costs, together with reasonable attorneys' fees if the	3159
resident intentionally acted in bad faith.	3160

~~Sec. 3733.123.~~ Sec. 4781.44. (A) If a park operator brings an	3161
action for the release of rent deposited with a clerk of court,	3162
the court may, during the pendency of the action, upon application	3163
of the park operator, release part of the rent on deposit for	3164
payment of the periodic interest on a mortgage on the premises,	3165
the periodic principal payments on a mortgage on the premises, the	3166
insurance premiums for the premises, real estate taxes on the	3167
premises, utility services, repairs, and other customary and usual	3168
costs of operating the premises.	3169

(B) In determining whether to release rent for the payments	3170
described in division (A) of this section, the court shall	3171
consider the amount of rent the park operator receives from other	3172
lots, the cost of operating these lots, and the costs which may be	3173
required to remedy the condition contained in the notice given	3174
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	3175
Code.	3176

~~Sec. 3733.13.~~ Sec. 4781.45. If a resident commits a material	3177
violation of the rules of the manufactured home park, of the	3178
~~public health council~~manufactured homes commission, or of	3179
applicable state and local health and safety codes, the park	3180
operator may deliver a written notification of the violation to	3181
the resident. The notification shall contain all of the following:	3182

(A) A description of the violation;

3183

(B) A statement that the rental agreement will terminate upon	3184
a date specified in the written notice not less than thirty days	3185
after receipt of the notice unless the resident remedies the	3186
violation;	3187

(C) A statement that the violation was material and that if a	3188
second material violation of any park or ~~public health council~~	3189
commission rule, or any health and safety code, occurs within six	3190
months after the date of this notice, the rental agreement will	3191
terminate immediately;	3192

(D) A statement that a defense available to termination of	3193
the rental agreement for two material violations of park or ~~public~~	3194
~~health council~~commission rules, or of health and safety codes, is	3195
that the park rule is unreasonable, or that the park or ~~public~~	3196
~~health councilrule~~commission, or health or safety code, is not	3197
being enforced against other manufactured home park residents, or	3198
that the two violations were not willful and not committed in bad	3199
faith.	3200

If the resident remedies the condition described in the	3201
notice, whether by repair, the payment of damages, or otherwise,	3202
the rental agreement shall not terminate. The park operator may	3203
terminate the rental agreement immediately if the resident commits	3204
a second material violation of the park or ~~public health council~~	3205
commission rules, or of applicable state and local health and	3206
safety codes, subject to the defense that the park rule is	3207
unreasonable, that the park or ~~public health council~~commission	3208
rule, or health or safety code, is not being enforced against	3209
other manufactured home park residents, or that the two violations	3210
were not willful and not committed in bad faith.	3211

~~Sec. 3733.14.~~ Sec. 4781.46. In any action under sections ~~3733.09~~	3212
4781.36 to ~~3733.20~~4781.52 of the Revised Code, any party may	3213
recover damages for the breach of contract or the breach of any	3214
duty that is imposed by law.	3215

~~Sec. 3733.15.~~ Sec. 4781.47. (A) No provision of sections ~~3733.09~~	3216
4781.36 to ~~3733.20~~4781.52 of the Revised Code may be modified or	3217
waived by any oral or written agreement except as provided in	3218
division (F) of this section.	3219

(B) No warrant of attorney to confess judgment shall be	3220
recognized in any rental agreement or in any other agreement	3221
between a park operator and resident for the recovery of rent or	3222
damages to the residential premises.	3223

(C) No agreement to pay the park operator's or resident's	3224
attorney fees shall be recognized in any rental agreement for	3225
residential premises or in any other agreement between a park	3226
operator and resident.	3227

(D) No agreement by a resident to the exculpation or	3228
limitation of any liability of the park operator arising under law	3229
or to indemnify the park operator for that liability or its	3230
related costs shall be recognized in any rental agreement or in	3231
any other agreement between a park operator and resident.	3232

(E) A rental agreement, or the assignment, conveyance, trust	3233
deed, or security instrument of the park operator's interest in	3234
the rental agreement may not permit the receipt of rent free of	3235
the obligation to comply with section ~~3733.10~~4781.38 of the	3236
Revised Code.	3237

(F) The park operator may agree to assume responsibility for	3238
fulfilling any duty or obligation imposed on a resident by section	3239
~~3733.101~~4781.39 of the Revised Code.	3240

~~Sec. 3733.16.~~ Sec. 4781.48. (A) If the court as a matter of law	3241
finds a rental agreement, or any clause of it, to have been	3242
unconscionable at the time it was made, it may refuse to enforce	3243
the rental agreement or it may enforce the remainder of the rental	3244
agreement without the unconscionable clause, or it may so limit	3245
the application of any unconscionable clause as to avoid any	3246
unconscionable result.	3247

(B) When it is claimed or appears to the court that the	3248
rental agreement, or any clause of it, may be unconscionable, the	3249
parties shall be afforded a reasonable opportunity to present	3250
evidence as to its setting, purpose, and effect to aid the court	3251
in making the determination.	3252

~~Sec. 3733.17.~~ Sec. 4781.49. (A) No park operator of residential	3253
premises shall initiate any act, including termination of	3254
utilities or services, exclusion from the premises, or threat of	3255
any unlawful act, against a resident, or a resident whose right to	3256
possession has terminated, for the purpose of recovering	3257
possession of residential premises, other than as provided in	3258
Chapters 1923., ~~3733.~~4781., and 5303. of the Revised Code.	3259

(B) No park operator of residential premises shall seize the	3260
furnishings or possessions of a resident, or of a resident whose	3261
right to possession was terminated, for the purpose of recovering	3262
rent payments, other than in accordance with an order issued by a	3263
court of competent jurisdiction.	3264

(C) A park operator who violates this section is liable in a	3265
civil action for all damages caused to a resident, or to a	3266
resident whose right to possession has terminated, together with	3267
reasonable attorneys' fees.	3268

~~Sec. 3733.18.~~ Sec. 4781.50. (A) Any security deposit in excess of	3269
fifty dollars or one month's periodic rent, whichever is greater,	3270
shall bear interest on the excess at the rate of five per cent per	3271
annum if the resident remains in possession of the premises for	3272
six months or more, and shall be computed and paid annually by the	3273
park operator to the resident.	3274

(B) Upon termination of the rental agreement any property or	3275
money held by the park operator as a security deposit may be	3276
applied to the payment of past due rent and to the payment of the	3277
amount of damages that the park operator has suffered by reason of	3278
the resident's noncompliance with section ~~3733.101~~4781.39 of the	3279
Revised Code or the rental agreement. Any deduction from the	3280
security deposit shall be itemized and identified by the park	3281
operator in a written notice delivered to the resident together	3282
with the amount due, within thirty days after termination of the	3283
rental agreement and delivery of possession. The resident shall	3284
provide the park operator in writing with a forwarding address or	3285
new address to which the written notice and amount due from the	3286
park operator may be sent. If the resident fails to provide the	3287
park operator with the forwarding or new address as required, the	3288
resident shall not be entitled to damages or attorneys' fees under	3289
division (C) of this section.	3290

(C) If the park operator fails to comply with division (B) of	3291
this section, the resident may recover the property and money due	3292
~~him~~the resident, together with damages in an amount equal to the	3293
amount wrongfully withheld, and reasonable attorneys' fees.	3294

~~Sec. 3733.19.~~ Sec. 4781.51. (A) Every written rental agreement for	3295
residential premises shall contain the name and address of the	3296
owner of the residential premises and the name and address of the	3297
owner's agent, if any. If the owner or the owner's agent is a	3298
corporation, partnership, limited partnership, association, trust,	3299
or other entity, the address shall be the principal place of	3300
business in the county in which the residential premises are	3301
situated or if there is no place of business in such county then	3302
its principal place of business in this state, and shall include	3303
the name of the person in charge thereof.	3304

(B) If the rental agreement is oral, the park operator, at	3305
the commencement of the term of occupancy, shall deliver to the	3306
resident a written notice containing the information required in	3307
division (A) of this section.	3308

(C) If the park operator fails to provide the notice of the	3309
name and address of the owner and owner's agent, if any, as	3310
required under division (A) or (B) of this section, the notices to	3311
the park operator required under division (A) of sections ~~3733.12~~	3312
4781.41 and ~~3733.121~~4781.42 of the Revised Code are waived by the	3313
park operator and the operator's agent.	3314

(D) Every written rental agreement for residential premises	3315
shall contain the following notice in ten-point boldface type:	3316

"YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK	3317
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS ~~3733.09~~4781.36 TO	3318
~~3733.20~~4781.52 OF THE REVISED CODE, WHICH REGULATE RENTAL	3319
AGREEMENTS IN MANUFACTURED HOME PARKS."	3320

If the rental agreement is oral, the park operator, at the	3321
commencement of the term of occupancy, shall deliver the notice to	3322
the resident in writing.	3323

~~Sec. 3733.20.~~ Sec. 4781.52. No municipal corporation may adopt or	3324
continue in existence any ordinance and no township may adopt or	3325
continue in existence any resolution that is in conflict with	3326
sections ~~3733.09~~4781.36 to ~~3733.20~~4781.52 of the Revised Code,	3327
or that regulates those rights and obligations of parties to a	3328
rental agreement that are regulated by sections ~~3733.09~~4781.36 to	3329
~~3733.20~~4781.52 of the Revised Code. Sections ~~3733.09~~4781.36 to	3330
~~3733.20~~4781.52 of the Revised Code do not preempt any housing,	3331
building, health, or safety codes of any municipal corporation or	3332
township.	3333

Sec. 4781.54. There is hereby created in the state treasury	3334
the manufactured homes commission regulatory fund. The fund shall	3335
consist of fees paid under section 4781.28 of the Revised Code and	3336
shall be used for the purposes described in that section.	3337

Sec. 4781.60. (A) The manufactured homes commission shall	3338
develop a list comprised of organizations that have an interest in	3339
the sale or purchase of parks and persons that assist in the	3340
financing of manufactured home parks. The list shall include the	3341
Ohio manufactured homes association, the association of	3342
manufactured home residents of Ohio, and any other entity that the	3343
commission identifies as appropriate for inclusion on that list or	3344
that requests inclusion on that list. The commission shall contact	3345
persons on that list when a manufactured home park is offered for	3346
sale, and at any other time at the commission's discretion.	3347

(B) The commission shall adopt rules that establish	3348
relocation expenses that a manufactured home park operator shall	3349
provide to an owner when a manufactured home park is converted or	3350
sold for a use other than as a manufactured home park. The rules	3351
shall specify that the amount of reimbursement shall be the	3352
greater of the actual cost of relocating a home or three thousand	3353
dollars to the owner of a single-wide manufactured or mobile home	3354
or five thousand dollars to the owner of a double-wide or larger	3355
manufactured or mobile home.	3356

Sec. 4781.99. (A) Whoever violates division (A) of section	3357
4781.16 of the Revised Code is guilty of a minor misdemeanor on a	3358
first offense and shall be subject to a mandatory fine of one	3359
hundred dollars. On a second offense, the person is guilty of a	3360
misdemeanor of the first degree and shall be subject to a	3361
mandatory fine of one thousand dollars.	3362

(B) Whoever violates section 4781.20 of the Revised Code is	3363
guilty of a minor misdemeanor.	3364

(C) Whoever violates any of the following is guilty of a	3365
misdemeanor of the fourth degree:	3366

(1) Division (B) or (C) of section 4781.16 of the Revised	3367
Code;	3368

(2) Section 4781.22 of the Revised Code;

3369

(3) Section 4781.23 of the Revised Code;

3370

(4) Division (A) of section 4781.24 of the Revised Code;

3371

(5) Section 4781.25 of the Revised Code;

3372

(6) Division (A) of section 4781.35 of the Revised Code.

3373

Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the	3374
Revised Code:	3375

(A) "Contiguous property" includes, but is not limited to, a	3376
manufactured home park as defined in section ~~3733.01~~4781.01 of	3377
the Revised Code; a public or publicly subsidized housing project;	3378
an apartment complex; a condominium complex; a college or	3379
university; an office complex; a shopping center; a hotel; an	3380
industrial park; and a race track.	3381

(B) "Gas" means natural gas, flammable gas, or gas which is	3382
toxic or corrosive.	3383

(C) "Gathering lines" and the "gathering of gas" have the	3384
same meaning as in the Natural Gas Pipeline Safety Act and the	3385
rules adopted by the United States department of transportation	3386
pursuant to the Natural Gas Pipeline Safety Act, including 49	3387
C.F.R. part 192, as amended.	3388

(D) "Intrastate pipe-line transportation" has the same	3389
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as	3390
amended, but excludes the gathering of gas exempted by the Natural	3391
Gas Pipeline Safety Act.	3392

(E) "Master-meter system" means a pipe-line system that	3393
distributes gas within a contiguous property for which the system	3394
operator purchases gas for resale to consumers, including tenants.	3395
Such pipe-line system supplies consumers who purchase the gas	3396
directly through a meter, or by paying rent, or by other means.	3397
The term includes a master-meter system as defined in 49 C.F.R.	3398
191.3, as amended. The term excludes a pipeline within a	3399
manufactured home, mobile home, or a building.	3400

(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas	3401
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671	3402
et seq., as amended.	3403

(G) "Operator" means any of the following:

3404

(1) A gas company or natural gas company as defined in	3405
section 4905.03 of the Revised Code, except that division (A)(6)	3406
of that section does not authorize the public utilities commission	3407
to relieve any producer of gas, as a gas company or natural gas	3408
company, of compliance with sections 4905.90 to 4905.96 of the	3409
Revised Code or the pipe-line safety code created under section	3410
4905.91 of the Revised Code;	3411

(2) A pipe-line company, as defined in section 4905.03 of the	3412
Revised Code, when engaged in the business of transporting gas by	3413
pipeline;	3414

(3) A public utility that is excepted from the definition of	3415
"public utility" under division (B) or (C) of section 4905.02 of	3416
the Revised Code, when engaged in supplying or transporting gas by	3417
pipeline within this state;	3418

(4) Any person that owns, operates, manages, controls, or	3419
leases any of the following:	3420

(a) Intrastate pipe-line transportation facilities within	3421
this state;	3422

(b) Gas gathering lines within this state which are not	3423
exempted by the Natural Gas Pipeline Safety Act;	3424

3425

"Operator" does not include an ultimate consumer who owns a	3426
service line, as defined in 49 C.F.R. 192.3, as amended, on the	3427
real property of that ultimate consumer.	3428

(H) "Operator of a master-meter system" means a person	3429
described under division (F)(4)(c) of this section. An operator of	3430
a master-meter system is not a public utility under section	3431
4905.02 or a gas or natural gas company under section 4905.03 of	3432
the Revised Code.	3433

(I) "Person" means:

3434

(1) In addition to those defined in division (C) of section	3435
1.59 of the Revised Code, a joint venture or a municipal	3436
corporation;	3437

(2) Any trustee, receiver, assignee, or personal	3438
representative of persons defined in division (H)(1) of this	3439
section.	3440

(J) "Safety audit" means the public utilities commission's	3441
audit of the premises, pipe-line facilities, and the records,	3442
maps, and other relevant documents of a master-meter system to	3443
determine the operator's compliance with sections 4905.90 to	3444
4905.96 of the Revised Code and the pipe-line safety code.	3445

(K) "Safety inspection" means any inspection, survey, or	3446
testing of a master-meter system which is authorized or required	3447
by sections 4905.90 to 4905.96 of the Revised Code and the	3448
pipe-line safety code. The term includes, but is not limited to,	3449
leak surveys, inspection of regulators and critical valves, and	3450
monitoring of cathodic protection systems, where applicable.	3451

(L) "Safety-related condition" means any safety-related	3452
condition defined in 49 C.F.R. 191.23, as amended.	3453

(M) "Total Mcfs of gas it supplied or delivered" means the	3454
sum of the following volumes of gas that an operator supplied or	3455
delivered, measured in units per one thousand cubic feet:	3456

(1) Residential sales;

3457

(2) Commercial and industrial sales;

3458

(3) Other sales to public authorities;

3459

(4) Interdepartmental sales;

3460

(5) Sales for resale;

3461

(6) Transportation of gas.

3462

Sec. 6111.46. (A) The environmental protection agency shall	3463
exercise general supervision of the treatment and disposal of	3464
sewage and industrial wastes and the operation and maintenance of	3465
works or means installed for the collection, treatment, and	3466
disposal of sewage and industrial wastes. Such general supervision	3467
shall apply to all features of construction, operation, and	3468
maintenance of the works or means that do or may affect the proper	3469
treatment and disposal of sewage and industrial wastes.	3470

(B)(1) The agency shall investigate the works or means	3471
employed in the collection, treatment, and disposal of sewage and	3472
industrial wastes whenever considered necessary or whenever	3473
requested to do so by local health officials and may issue and	3474
enforce orders and shall adopt rules governing the operation and	3475
maintenance of the works or means of treatment and disposal of	3476
such sewage and industrial wastes. In adopting rules under this	3477
section, the agency shall establish standards governing the	3478
construction, operation, and maintenance of the works or means of	3479
collection, treatment, and disposal of sewage that is generated at	3480
recreational vehicle parks, recreation camps, combined park-camps,	3481
and temporary park-camps that are separate from such standards	3482
relative to manufactured home parks.	3483

(2) As used in division (B)(1) of this section:

3484

(a) "Manufactured home parks" has the same meaning as in	3485
section ~~3733.01~~4781.01 of the Revised Code.	3486

(b) "Recreational vehicle parks," "recreation camps,"	3487
"combined park-camps," and "temporary park-camps" have the same	3488
meanings as in section 3729.01 of the Revised Code.	3489

(C) The agency may require the submission of records and data	3490
of construction, operation, and maintenance, including plans and	3491
descriptions of existing works or means of treatment and disposal	3492
of such sewage and industrial wastes. When the agency requires the	3493
submission of such records or information, the public officials or	3494
person, firm, or corporation having the works in charge shall	3495
comply promptly with that order.	3496

Section 2. That existing sections 1901.18, 1909.11, 1923.01,	3497
1923.02, 1923.061, 1923.15, 2305.01, 3701.83, 3709.085, 3709.09,	3498
3709.092, 3729.01, 3733.02, 3733.021, 3733.022, 3733.024,	3499
3733.025, 3733.03, 3733.04, 3733.05, 3733.06, 3733.08, 3733.09,	3500
3733.091, 3733.10, 3733.101, 3733.11, 3733.12, 3733.121, 3733.122,	3501
3733.123, 3733.13, 3733.14, 3733.15, 3733.16, 3733.17, 3733.18,	3502
3733.19, 3733.20, 3733.41, 3733.99, 3781.06, 4503.061, 4503.062,	3503
4517.01, 4517.04, 4517.09, 4517.10, 4517.12, 4517.13, 4517.14,	3504
4517.23, 4517.24, 4517.44, 4743.05, 4781.01, 4781.02, 4781.04,	3505
4781.07, 4781.10, 4781.14, 4781.15, 4781.99, 4905.90, and 6111.46,	3506
and sections 3733.01, 3733.031, 3733.07, and 4517.49 of the	3507
Revised Code are hereby repealed.	3508

Section 3. Except as provided in this section, Sections 1 and	3509
2 of this act shall take effect on July 1, 2011.	3510

(A) The amendment by Sections 1 and 2 of this act of sections	3511
3733.11, 4781.10, 4781.14, and 4781.15 of the Revised Code and the	3512
enactment by Section 1 of this act of sections 2323.05, 3733.111,	3513
4781.121, and 4781.60 of the Revised Code take effect on the	3514
ninety-first day after this act is filed with the Secretary of	3515
State.	3516

(B) The amendment by Sections 1 and 2 of this act of sections	3517
4517.01, 4517.04, 4517.09, 4517.10, 4517.12, 4517.13, 4517.14,	3518
4517.23, 4517.24, 4517.44, and 4781.02 of the Revised Code and the	3519
repeal by Section 2 of this act of section 4517.49 of the Revised	3520
Code take effect on the ninety-first day after this act is filed	3521
with the Secretary of State, or on July 1, 2010, whichever is	3522
later.	3523

Section 4. That sections 3733.11 and 4781.10 be amended and	3524
sections 3733.11 (4781.40) and 3733.111 (4781.53) of the Revised	3525
Code be amended for the purpose of adopting a new section number	3526
as indicated in parentheses, to read as follows:	3527

Sec. 4781.10. (A)(1) The manufactured homes commission may	3528
establish programs and requirements for continuing education for	3529
manufactured housing installers. The commission shall not require	3530
licensees to complete more than eight credit hours of continuing	3531
education during each license period. If the commission	3532
establishes a program of continuing education, it shall require	3533
that only courses that the commission preapproves be accepted for	3534
licensure credit, and unless an extension is granted pursuant to	3535
division (D) of this section, that all credit hours be	3536
successfully completed prior to the expiration of the installer's	3537
license.	3538

(2) The manufactured homes commission shall establish by rule	3539
programs of continuing education for manufactured home park	3540
operators and shall approve by rule any courses offered through	3541
those programs. The rules the commission adopts shall specify that	3542
the courses shall be developed by the Ohio manufactured homes	3543
association in consultation with the association of manufactured	3544
home residents of Ohio, or any other entity the commission	3545
designates by rule. The courses shall be designed to fulfill the	3546
license renewal requirements of section ~~3733.03~~4781.27 of the	3547
Revised Code of eight hours of continuing education and shall be	3548
presented by the Ohio manufactured homes association, or any other	3549
entity the commission designates by rule, as the course provider.	3550
Certified completion of the course shall fulfill the continuing	3551
education requirement of license renewal.	3552

(B) To provide the resources to administer continuing	3553
education programs, the commission may establish nonrefundable	3554
fees, including any of the following:	3555

(1) An application fee not to exceed one hundred fifty	3556
dollars charged to the sponsor of each proposed course;	3557

(2) A renewal fee not to exceed seventy-five dollars, charged	3558
to the sponsor of each course, for the annual renewal of course	3559
approval;	3560

(3) A course fee charged to the sponsor of each course	3561
offered, not to exceed five dollars per credit hour, for each	3562
person completing an approved course;	3563

(4) A student fee charged to licensees, not to exceed fifty	3564
dollars, for each course or activity a student submits to the	3565
commission for approval.	3566

(C) The commission may adopt reasonable rules not	3567
inconsistent with this chapter to carry out any continuing	3568
education program, including rules that govern the following:	3569

(1) The content and subject matter of continuing education	3570
courses;	3571

(2) The criteria, standards, and procedures for the approval	3572
of courses, course sponsors, and course instructors;	3573

(3) The methods of instruction;

3574

(4) The computation of course credit;

3575

(5) The ability to carry forward course credit from one year	3576
to another;	3577

(6) Conditions under which the commission may grant a waiver	3578
or variance from continuing education requirements on the basis of	3579
hardship or other reasons;	3580

(7) Procedures for compliance with the continuing education	3581
requirements and sanctions for noncompliance.	3582

(D) The commission shall not renew the license of any person	3583
who fails to satisfy any continuing education requirement that the	3584
commission establishes. The commission may, for good cause, grant	3585
an extension of time to comply with the continuing education	3586
requirements. Any installer who is granted an extension and	3587
completes the continuing education requirements within the time	3588
the commission establishes is deemed in compliance with the	3589
education requirements. The license of any person who is granted	3590
an extension shall remain in effect during the period of the	3591
extension.	3592

~~Sec. 3733.11.~~ Sec. 4781.40. (A)(1) A manufactured home park	3593
operator shall offer each home owner a written rental agreement	3594
for a manufactured home park lot for a term of one year or more	3595
that contains terms essentially the same as any alternative	3596
month-to-month rental agreement offered to current and prospective	3597
tenants and owners. The park operator shall offer the minimum	3598
one-year rental agreement to the owner prior to installation of	3599
the home in the manufactured home park or, if the home is in the	3600
manufactured home park, prior to the expiration of the owner's	3601
existing rental agreement.	3602

(2) The park operator shall deliver the offer to the owner by	3603
certified mail, return receipt requested, or in person. If the	3604
park operator delivers the offer to the owner in person, the owner	3605
shall complete a return showing receipt of the offer. If the owner	3606
does not accept the offer, the park operator is discharged from	3607
any obligation to make any further such offers. If the owner	3608
accepts the offer, the park operator shall, at the expiration of	3609
each successive rental agreement, offer the owner another rental	3610
agreement, for a term that is mutually agreed upon, and that	3611
contains terms essentially the same as the alternative	3612
month-to-month agreement. The park operator shall deliver	3613
subsequent rental offers by ordinary mail or personal delivery. If	3614
the park operator sells the manufactured home park to another	3615
manufactured home park operator, the purchaser is bound by the	3616
rental agreements entered into by the purchaser's predecessor.	3617

(B) A park operator shall fully disclose in writing all fees,	3618
charges, assessments, including rental fees, and rules prior to a	3619
tenant or owner executing a rental agreement and assuming	3620
occupancy in the manufactured home park. No fees, charges,	3621
assessments, or rental fees so disclosed may be increased nor	3622
rules changed by a park operator without specifying the date of	3623
implementation of the changed fees, charges, assessments, rental	3624
fees, or rules, which date shall be not less than thirty days	3625
after written notice of the change and its effective date to all	3626
tenants or owners in the manufactured home park, and no fee,	3627
charge, assessment, or rental fee shall be increased during the	3628
term of any tenant's or owner's rental agreement. Failure on the	3629
part of the park operator to fully disclose all fees, charges, or	3630
assessments shall prevent the park operator from collecting the	3631
undisclosed fees, charges, or assessments. If a tenant or owner	3632
refuses to pay any undisclosed fees, charges, or assessments, the	3633
refusal shall not be used by the park operator as a cause for	3634
eviction in any court.	3635

(C) A park operator shall promulgate rules governing the	3636
rental or occupancy of a lot in the manufactured home park. The	3637
rules shall not be unreasonable, arbitrary, or capricious. A copy	3638
of the rules and any amendments to them shall be delivered by the	3639
park operator to the tenant or owner prior to signing the rental	3640
agreement. A copy of the rules and any amendments to them shall be	3641
posted in a conspicuous place upon the manufactured home park	3642
grounds.	3643

(D) No park operator shall require an owner to purchase from	3644
the park operator any personal property. The park operator may	3645
determine by rule the style or quality of skirting, equipment for	3646
tying down homes, manufactured or mobile home accessories, or	3647
other equipment to be purchased by an owner from a vendor of the	3648
owner's choosing, provided that the equipment is readily available	3649
to the owner. Any such equipment shall be installed in accordance	3650
with the manufactured home park rules.	3651

(E) No park operator shall charge any owner who chooses to	3652
install an electric or gas appliance in a home an additional fee	3653
solely on the basis of the installation, unless the installation	3654
is performed by the park operator at the request of the owner, nor	3655
shall the park operator restrict the installation, service, or	3656
maintenance of the appliance, restrict the ingress or egress of	3657
repairpersons to the manufactured home park for the purpose of	3658
installation, service, or maintenance of the appliance, nor	3659
restrict the making of any interior improvement in a home, if the	3660
installation or improvement is in compliance with applicable	3661
building codes and other provisions of law and if adequate utility	3662
services are available for the installation or improvement.	3663

(F) No park operator shall require a tenant to lease or an	3664
owner to purchase a manufactured or mobile home from the park	3665
operator or any specific person as a condition of or prerequisite	3666
to entering into a rental agreement.	3667

(G) No park operator shall require an owner to use the	3668
services of the park operator or any other specific person for	3669
installation of the manufactured or mobile home on the residential	3670
premises or for the performance of any service.	3671

(H) No park operator shall:

3672

(1) Deny any owner the right to sell the owner's manufactured	3673
home within the manufactured home park if the owner gives the park	3674
operator ten days' notice of the intention to sell the home;	3675

(2) Require the owner to remove the home from the	3676
manufactured home park solely on the basis of the sale of the	3677
home;	3678

(3) Unreasonably refuse to enter into a rental agreement with	3679
a purchaser of a home located within the operator's manufactured	3680
home park;	3681

(4) Charge any tenant or owner any fee, charge, or	3682
assessment, including a rental fee, that is not set forth in the	3683
rental agreement or, if the rental agreement is oral, is not set	3684
forth in a written disclosure given to the tenant or owner prior	3685
to the tenant or owner entering into a rental agreement;	3686

(5) Charge any owner any fee, charge, or assessment because	3687
of the transfer of ownership of a home or because a home is moved	3688
out of or into the manufactured home park, except a charge for the	3689
actual costs and expenses that are incurred by the park operator	3690
in moving the home out of or into the manufactured home park, or	3691
in installing the home in the manufactured home park and that have	3692
not been reimbursed by another tenant or owner.	3693

(6) Prohibit the indoor or outdoor display either of a for	3694
sale sign by an owner on that owner's lot, including a sign that	3695
indicates the owner is offering the property for sale by owner, or	3696
of a political sign by a tenant or owner on that tenant's or	3697
owner's lot, if the tenant or owner displaying the sign complies	3698
with all applicable sections of the Revised Code and all	3699
applicable municipal and county ordinance and resolutions	3700
regulating the display of such a sign. As used in this section,	3701
"political sign" means a sign that advertises, promotes, endorses,	3702
or opposes an issue that has been certified to appear on the	3703
ballot, or a candidate whose name has been certified to appear on	3704
the ballot, at the next general, special, or primary election.	3705

(I) If the park operator violates any provision of divisions	3706
(A) to (H) of this section, the tenant or owner may commence a	3707
civil action against the park operator for either or both of the	3708
following:	3709

(1) The greater of twenty-five dollars or the actual damages	3710
resulting from the violation, and, if the tenant or owner obtains	3711
a judgment, reasonable attorneys' fees;	3712

(2) Termination of the rental agreement.

3713

(J) No rental agreement shall require a tenant or owner to	3714
sell, lease, or sublet the tenant's or owner's interest in the	3715
rental agreement or the manufactured or mobile home that is or	3716
will be located on the lot that is the subject of the rental	3717
agreement to any specific person or through any specific person as	3718
the person's agent.	3719

(K) No park operator shall enter into a rental agreement with	3720
the owner of a manufactured or mobile home for the use of	3721
residential premises, if the rental agreement requires the owner	3722
of the home, as a condition to the owner's renting, occupying, or	3723
remaining on the residential premises, to pay the park operator or	3724
any other person specified in the rental agreement a fee or any	3725
sum of money based on the sale of the home, unless the owner of	3726
the home uses the park operator or other person as the owner's	3727
agent in the sale of the home.	3728

(L) A park operator and a tenant or owner may include in a	3729
rental agreement any terms and conditions, including any term	3730
relating to rent, the duration of an agreement, and any other	3731
provisions governing the rights and obligations of the parties	3732
that are not inconsistent with or prohibited by sections 3733.09	3733
to 3733.20 of the Revised Code or any other rule of law.	3734

(M) Notwithstanding any other provision of the Revised Code,	3735
the owner of a manufactured or mobile home may utilize the	3736
services of a manufactured housing dealer or broker licensed under	3737
Chapter 4517. of the Revised Code or a person properly licensed	3738
under Chapter ~~4735.~~4781. of the Revised Code to sell or lease the	3739
home.	3740

~~Sec. 3733.111.~~ Sec. 4781.53. (A) Within ten days after a	3741
manufactured home park is offered for sale, the operator of that	3742
park shall notify the manufactured homes commission and advise it	3743
of that sale. The commission promptly shall notify persons that	3744
are interested in the sale or purchase of manufactured home parks,	3745
including persons included on the list the commission develops	3746
pursuant to section 4781.60 of the Revised Code.	3747

(B) At any time a manufactured home park is being sold or	3748
converted for a use other than as a manufactured home park, the	3749
operator shall do both of the following:	3750

(1) Provide each tenant and owner with written notice of the	3751
sale or conversion of the park. The notice shall be delivered by	3752
certified mail, return receipt requested, or by personal delivery.	3753
If the park operator delivers the notice in person, the operator	3754
shall have the recipient complete a return showing receipt of the	3755
notice. The notice shall include the date by which the tenant or	3756
owner must vacate, which for tenants shall be at least one hundred	3757
twenty days after receipt of the written notice and for owners	3758
shall be at least one hundred eighty days after receipt of the	3759
written notice.	3760

(2) Pay relocation expenses to owners of homes in an amount	3761
the commission establishes by rule pursuant to section 4781.60 of	3762
the Revised Code.	3763

(C) Within ten days after a mortgagee files to initiate a	3764
foreclosure action against a manufactured home park, the mortgagee	3765
shall provide written notice of that filing to the manufactured	3766
homes commission and a copy of that notice to the court, as	3767
section 2323.05 of the Revised Code requires.	3768

Section 5. That existing sections 3733.11, 3733.111, and	3769
4781.10 of the Revised Code are hereby repealed.	3770

Section 6. Sections 4 and 5 of this act take effect on July	3771
1, 2011.	3772

Section 7. That Section 745.20 of Am. Sub. H.B. 1 of the	3773
128th General Assembly be amended to read as follows:	3774

Sec. 745.20. Notwithstanding section 4781.16 of the Revised	3775
Code, any person licensed as a new motor vehicle dealer, used	3776
motor vehicle dealer, manufactured homes broker, or salesperson	3777
under Chapter 4517. of the Revised Code on June 30, 2010, may	3778
continue, subject to Chapter 4781. of the Revised Code, to engage	3779
in the business of displaying, selling at retail, or brokering	3780
manufactured homes or mobile homes under the authority of such	3781
license until the license expires or until the manufactured homes	3782
commission issues or denies the person a manufactured housing	3783
dealer's license, manufactured housing broker's license, or	3784
manufactured housing salesperson's license under Chapter 4781. of	3785
the Revised Code, whichever occurs earlier.	3786

Section 8. That existing Section 745.20 of Am. Sub. H.B. 1 of	3787
the 128th General Assembly is hereby repealed.	3788

Section 9. Sections 7 and 8 of this act take effect on the	3789
ninety-first day after this act is filed with the Secretary of	3790
State, or on July 1, 2010, whichever is later.	3791

Section 10. On or about July 1, 2011, the Director of Budget	3792
and Management shall transfer cash from the general operations	3793
fund created in section 3701.83 of the Revised Code, which has	3794
been collected pursuant to sections 3733.02 to 3733.08 of the	3795
Revised Code, to the occupational licensing and regulatory fund	3796
created in section 4743.05 of the Revised Code. Moneys so	3797
transferred shall be used only for the purpose of administering	3798
sections 4781.26 to 4781.35 of the Revised Code.	3799

Section 11. Notwithstanding the original term of the	3800
appointment, the term of the Manufactured Homes Commission member	3801
who was appointed by the Governor as a representative of the	3802
Department of Health pursuant to division (B)(2)(b) of section	3803
4781.02 of the Revised Code shall end on the effective date of	3804
that section as amended by this act. The initial term of the	3805
registered sanitarian appointed to the Manufactured Homes	3806
Commission pursuant to section 4781.02 of the Revised Code, as	3807
amended by this act, shall expire on the date when the	3808
representative of the Department of Health's term would have	3809
expired, but for this section.	3810

Section 12. The General Assembly, applying the principle	3811
stated in division (B) of section 1.52 of the Revised Code that	3812
amendments are to be harmonized if reasonably capable of	3813
simultaneous operation, finds that the following sections,	3814
presented in this act as composites of the sections as amended by	3815
the acts indicated, are the resulting versions of the sections in	3816
effect prior to the effective date of the sections as presented in	3817
this act:	3818

Sections 1923.01 and 1923.02 of the Revised Code as amended	3819
by both Sub. H.B. 56 and Am. Sub. S.B. 10 of the 127th General	3820
Assembly.	3821

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Bill Text: OH HB186 | 2009-2010 | 128th General Assembly | Engrossed

Ohio House Bill 186 (Prior Session Legislation)

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