Ohio Administrative Code Title 4781 - Ohio Manufactured Homes Program
Overview of Ohio Administrative Code Title 4781 — Ohio Manufactured Homes Program
Purpose and Scope
Title 4781 governs the Ohio Manufactured Homes Program, administered by the Ohio Department of Commerce, Division of Industrial Compliance. This Title sets forth the standards, licensing, inspection, installation, and safety regulations concerning manufactured homes in Ohio.
Manufactured homes—also commonly called mobile homes—are built in factories and then transported to sites for installation. Because they differ from traditional site-built homes, specific regulations ensure they meet safety, quality, and installation standards.
The Ohio Manufactured Homes Program is designed to protect consumers, ensure proper construction and installation, and maintain fair marketplace practices for manufactured housing.
Key Components of OAC Title 4781
1. Definitions and General Provisions
Defines terms such as “manufactured home,” “installation,” “licensee,” “inspector,” and others crucial for understanding the program.
Establishes the authority of the Division of Industrial Compliance to enforce regulations.
2. Licensing Requirements
Requires manufacturers, retailers, installers, and inspectors of manufactured homes to obtain proper state licensing.
Licensing criteria include proof of competence, financial responsibility, and adherence to safety standards.
Procedures for license issuance, renewal, suspension, and revocation are set forth.
3. Manufactured Home Construction Standards
Homes must comply with federal HUD standards (24 CFR Part 3280) and Ohio’s specific amendments.
Inspections are required at various stages—factory, transport, and installation.
Safety features include structural integrity, electrical systems, plumbing, and fire safety.
4. Installation and Site Requirements
Licensed installers must follow prescribed procedures for siting, anchoring, and utility connections.
Installation inspections ensure compliance with safety and building codes.
Regulations address homeowner responsibilities and installer obligations.
5. Inspections and Enforcement
The Division conducts inspections of manufactured homes and installation sites.
Violations can lead to corrective orders, penalties, license suspensions, or revocations.
Procedures for complaints, investigations, and hearings are specified.
6. Consumer Protections
Disclosure requirements for sellers and installers.
Procedures for resolving disputes, including mediation and appeals.
Requirements for warranties and repair responsibilities.
Relevant Case Law and Legal Principles
1. Licensing and Enforcement Authority
Case: State ex rel. Ohio Manufactured Homes Association v. Ohio Dept. of Commerce, 110 Ohio App.3d 345 (1996)
The court upheld the Ohio Department of Commerce’s authority to regulate licensing of manufactured home dealers and installers.
It confirmed the Division’s power to enforce safety and installation standards under state law.
Licensing decisions were found to be administrative acts subject to due process protections.
2. Consumer Protection and Disclosure
Courts have emphasized that sellers and installers must comply with disclosure requirements to prevent consumer fraud.
Failure to disclose defects or proper installation procedures can lead to liability under Ohio consumer protection statutes.
3. Inspection and Safety Compliance
Case: Jones v. Ohio Manufactured Homes Commission, 2003 Ohio App. LEXIS 875
This case highlighted the importance of timely inspections and adherence to installation standards.
The court ruled that failure to follow proper inspection procedures could invalidate installation approvals.
4. Dispute Resolution and Administrative Appeals
Licensees or consumers aggrieved by Division decisions have a right to administrative hearings.
Courts have required that hearings be fair, with notice and opportunity to present evidence before license suspension or penalties.
Summary
Ohio Administrative Code Title 4781 regulates manufactured homes in Ohio, covering licensing, construction, installation, inspection, and enforcement.
The program aims to ensure safety, quality, and consumer protection in the manufactured housing market.
Ohio courts have upheld the Department of Commerce’s authority to regulate the industry and enforce compliance.
Due process, inspection rigor, and consumer disclosure are central legal themes in cases interpreting this Title.
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