Our new Bill HB 487

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AT LAST: Ohio Governor signed HB 487. AMHRO has always shared that some laws needed changed for manufactured home owner residents in Ohio. This bill becomes effective 12/1/2012. It reads as follows:
MANUFACTURED HOMES COMMISSION (MHC) — Ohio HB 487
• Transfers regulatory authority related to manufactured home parks from the Department of Health and the Public Health Council to the Manufactured Homes Commission.
• Replaces the member of the Commission who represents the Department of Health with a member who is a registered sanitarian.
• Requires the board of health to issue a report of the inspection of a flood event at a manufactured home park to the Commission.
• Creates the Manufactured Homes Commission Regulatory Fund and requires certain fees to be deposited into that fund.
• Diverts certain fees from the General Operations Fund to the Occupational Licensing and Regulatory Fund for the administration and enforcement of the Manufactured Home Park Law.
• Requires the Commission to develop a policy regarding the maintenance of records for any inspections and specifies that those records are public records.
• Removes the requirement that a manufactured home owner and park operator jointly obtain the permit required for alterations, repairs, or changes to a damaged manufactured home in a flood plain.
• Establishes adjudication procedures for violations of the Manufactured Home Park Law.
• Allows licensed real estate brokers and salespersons to broker manufactured homes without a manufactured housing broker license.
• Prohibits a person who is not licensed as a manufactured housing dealer from purchasing a manufactured home directly from the manufacturer.
Licensing and inspection of manufactured home parks and the Transfer of regulatory authority over manufactured home parks
• The bill transfers the authority to do all of the following from the Department of Health and the Public Health Council to the Manufactured Homes Commission:
• Adopt rules governing the review of plans, issuance of flood plain management permits, and issuance of licenses for manufactured home parks, as well as the location, layout, density, construction, drainage, sanitation, safety, and operation of those parks, and notices of flood events concerning, and flood protection at, those parks;
• Inspect the installation, blocking, tie-down, foundation, and base support systems of manufactured housing in a park;
• License persons who operate a park; Inspect each park for compliance with the Manufactured Home Park Law;
• Approve any development in a park;
• Approve any park development in a 100-year flood plain;
• Receive notification of a flood event and notify the Director of Health (under the bill, the board of health will be responsible for causing a post-flood inspection to occur);
• Provide permits for the repair/alteration of homes damaged in a flood event;
• Compel a county prosecuting attorney, city director of law, or the Attorney General to prosecute to termination, or bring an action for injunction against a person, that has violated Manufactured Home Park Law.
• The bill requires the Commission to adopt rules regulating manufactured home parks not later than December 1, 2012. After adopting the rules, the Commission immediately must notify the Director of Health. The rules governing manufactured home parks adopted by the Public Health Council under current law will remain in effect in a health district until the Commission adopts the required rules.
• The bill prohibits a board of health of a city or general health district from invoicing or collecting manufactured home park licensing fees for calendar year 2013.
• The bill also revises who may inspect the installation, blocking, tie-down, foundation, and base support systems of manufactured housing in a manufactured home park. Under the bill, the person must be certified by the Commission pursuant to rules the Commission adopts. Under current law, the person must have completed an installation training course approved by the Commission.
The complete bill can be viewed at http://www.ohio.gov under Legislation.

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