This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 4781-8-01 | Installer licenses; application; identification cards and certificates.
Effective:
January 20, 2020
(A) The division shall govern the
issuance, revocation, and suspension of licenses to manufactured home
installers. No person shall install a manufactured home in Ohio without having
a valid license from the division except as provided for under rule 4781-8-05
of the Administrative Code. (B) An application shall be on a form the
division prescribes and shall provide the following information: (1) A check or money
order made payable to "Treasurer, State of Ohio," or payment by
credit card in the amount set forth in paragraph (G) of this rule, along with
any additional convenience fee set forth in paragraph (G) of this
rule; (2) Applicant's name
and mailing address; (3) Applicant's date
of birth; (4) A passport-size
photograph with an original signature on the back, or a clear copy of a state
driver's license or state identity card; (5) A list of other
states in which the applicant holds an installer's license and a copy of
those licenses; (6) A list of the five
most recent manufactured homes or home components that the applicant has
installed in Ohio, including the name, mailing address, and telephone number of
the homeowner; (7) Three references from
persons who are licensed installers; retailers; manufacturers; or manufactured
home park operators, design professionals, or certified manufactured home
inspectors familiar with the applicant's installation work experience and
competency; (8) A notarized statement
from a supervisor, or another responsible person, attesting to the
applicant's experience installing manufactured homes for at least one
year, including the name, mailing address, and telephone number of the
applicant's supervisor, or another responsible person on the most recent
project; (9) A certificate of
completion demonstrating that the applicant has completed an installation
training course approved by the division within one year of the date of the
application; (10) Examination. (a) The applicant shall take and pass the installation
examination, as set forth in rule 4781-8-07 of the Administrative
Code. (b) The applicant shall provide evidence of passing the
installation examination as set forth in rule 4781-8-07 of the Administrative
Code. (11) Evidence of
compliance with section 4123.35 of the Revised Code with respect to the payment
of premiums for workers' compensation. Evidence may include a legible copy
of the workers' compensation certificate with number visible; (12) A statement
regarding felony convictions; (13) Evidence that the
applicant or his or her employer has insurance or a surety bond covering the
applicant and issued by a company authorized to do such business in Ohio. The
policy shall have terms and conditions approved by the division and shall
contain the following provisions: (a) Coverage in the form of a division -approved surety bond in
the amount of twenty-five thousand dollars; or (b) An installer may have an approved three hundred thousand
dollar general liability policy if the applicant also has an approved ten
thousand dollar surety policy; or (c) General liability coverage in the amount of at least one
million dollars. (C) Incomplete applications shall be held
open for six months following notification of incomplete requirements by
regular mail, facsimile, or email. After five months, a final notice of
incomplete application shall be mailed by certified mail, return receipt
requested. If at the end of the six-month period the application remains
incomplete, it shall be considered abandoned, and the applicant shall be
required to submit a new application, including any fees. (D) Upon approval of an applicant, the
division shall prepare and provide each license holder a license identification
card. No person shall make any alterations on a license identification
card. (1) The license shall
contain the licensee's name, address, license number, date of expiration,
and bear the signature of the superintendent or the superintendent's
designee and be affixed with the state seal of the department of commerce.
Official identification cards shall be proof of valid license and shall be made
available upon request by any person at each installation. (2) An identification card or license
shall be reprinted by the division due to a licensee's name change, as
long as the original is returned to the division along with a nonrefundable fee
as set forth in paragraph (G) of this rule, if any. (3) A fee for any application for license
renewal in an amount as set forth in paragraph (G) of this rule. (E) No installer's license shall be
transferred to another person. (F) A manufactured home installer's
license by operation of law expires two years after the date of issuance as it
falls into the division's prescribed renewal dates. (G) Fees. (1) The initial
installer's license fee shall be two hundred fifty dollars. (2) There shall be no fee
to replace a license. (3) The installer's
renewal fee shall be two hundred fifty dollars. (4) The installer's
late renewal fee to be paid in addition to the renewal fee shall be one hundred
dollars. (5) Any payment of fees
may be subject to a convenience fee as charged to the division.
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Rule 4781-8-02 | Non-resident installers.
Effective:
January 20, 2020
(A) If an applicant for an Ohio
installer's license lives in a state with which Ohio has entered into a
reciprocal licensing agreement, the division may waive the testing and training
requirements for a non-resident provided the applicant holds a valid
manufactured homes installer's license issued by a state with which the
division has entered into a reciprocal licensing agreement. In such circumstance, the non-resident installer
may apply for a license by submitting a division approved application for a
license by reciprocity to the division that includes a copy of the
applicant's current license and proof that the license is not under
suspension or probation and has not been revoked, and shall be accompanied by a
fee in the amount as set forth in rule 4781-8-01 of the Administrative Code. A
non-resident installer application for licensure shall be reviewed by the
division. (B) If an applicant for an Ohio
installer's license lives in a state with which Ohio has not entered into
a reciprocal licensing agreement, the division, in its discretion, may issue an
Ohio license to such non-resident applicant if: (1) The applicant holds a
license from a state that maintains licensure requirements considered by the
division to be comparable to those of the state of Ohio; (2) The applicant has
submitted a completed division -approved application form to the division along
with proof that the applicant's license has not been revoked and is not
currently under suspension or any disciplinary sanctions; (3) The applicant pays a
nonrefundable fee in the amount set forth in paragraph (G) of rule 4781-8-01 of
the Administrative Code; (4) Passed the
installer's examination as set forth in rule 4781-8-07 of the
Administrative Code; and (5) Obtains approval of
the division to be licensed as an installer in Ohio. (C) Applicants for Ohio licenses that do
not live in states in which Ohio has a reciprocal licensing agreement, or live
in states that the division has determined do not have comparable licensing
requirements, shall apply for an Ohio license in accordance with rule 4781-8-01
of the Administrative Code and shall be required to meet all of the criteria
for licensing in Ohio. (D) All non-resident installers shall
notify the division of any change in address or residency status. A licensed
non-resident installer who establishes permanent residency in the state of Ohio
shall, upon expiration of the non-resident license, be required to apply for a
new license in accordance with rule 4781-8-01 of the Administrative
Code.
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Rule 4781-8-03 | Denial, revocation, suspension of licenses.
Effective:
January 20, 2020
(A) The division may deny, suspend,
revoke, or refuse to renew the license of any manufactured home installer for
any of the following reasons: (1) Failure to meet the
requirements for a license or renewal of a license under section 4781.08 of the
Revised Code; (2) Failure to meet the
continuing education requirements for renewal of a license under section
4781.10 of the Revised Code; (3) Violation of Chapter
4781. of the Revised Code or the rules promulgated thereunder; (4) Misrepresent the
applicant's qualifications or makes any misrepresentation in an
application for a license or renewal of a license; (5) Installing
manufactured homes in Ohio without an active license or without being under the
supervision of a licensed manufactured housing installer; (6) Fail to cooperate in
an investigation or fail to comply with any final adjudication order of the
division issued pursuant to this chapter; (7) Been convicted of a
crime of moral turpitude or a disqualifying offense as those terms are defined
in section 4776.10 of the Revised Code. Disqualifying offenses must bear a
direct nexus to the employment sought, as determined by the division or the
division's designee. Disqualifying offenses include: (a) Forgery (section 2913.31 of the Revised
Code); (b) Trademark counterfeiting (section 2913.34 of the
Revised Code); (c) Fraud (section 2913.40, 2913.42, 2913.45, 2913.47,
2913.48, or 2913.49 of the Revised Code); (d) Receiving stolen property (section 2913.51 of the
Revised Code); (e) Bribery (section 2921.02 of the Revised
Code); (f) Theft in office (section 2921.41 of the Revised
Code); (g) Having an unlawful interest in a public contract
(section 2921.42 of the Revised Code); (h) Soliciting or accepting improper compensation (section
2921.43 of the Revised Code); (i) Engaging in a pattern of corrupt activity (section
2923.32 of the Revised Code); (j) Money laundering (division (A) of section 1315.55 of
the Revised Code); or (k) Criminal negligence (section 2901.21 of the Revised
Code). (8) Having had a license
revoked or denied under paragraphs (A)(2) to (A)(13) of this rule, by the
division during the preceding two years; (9) Having had a license
revoked, suspended, or denied by another state or jurisdiction within the
preceding two years; (10) Engage in conduct in
another state or jurisdiction that would violate Chapter 4781. of the Revised
Code if committed in this state; (11) Fail to provide
written notification of installation to a county treasurer or auditor in
violation of division (D) of section 4781.11 of the Revised Code; (12) Violation of the
code of ethics for manufactured home installers; or (13) Fail to supervise an installation of
an unlicensed person who is performing work on behalf of the
licensee. (B) In addition to or in lieu of
suspending, revoking, or refusing to renew a manufactured home installer's
license for violation of Chapter 4781. of the Revised Code or any rule adopted
thereunder, the division may impose a fine not exceeding one thousand dollars
per violation per day. (C) Any person whose license or license
application has been revoked, suspended, denied, not renewed, or upon whom a
civil penalty is imposed under this rule may request an adjudication hearing on
the matter. The request for an adjudication hearing must be received by the
division within thirty days from the date the notice of the action was mailed.
The hearing shall be held in accordance with Chapter 119. of the Revised Code.
A licensee or applicant adversely affected by an adjudication order issued
pursuant to this rule shall have a right to appeal pursuant to section 119.12
of the Revised Code. (D) Reapplication after revocation,
denial, or suspension. (1) Any person whose
license has been revoked may apply for a new license two years after the date
on which the license was revoked. (2) Any person whose
license has been suspended for a period determined by the division may apply
for renewal of the license within thirty days of the end of the suspension
period. (3) Any person whose
license has been denied under paragraphs (A)(2) to (A)(13) of this rule may
apply for a license two years after the date on which the license was
denied. (E) Upon revocation or non-renewal, the
person shall return the license certificate and identification card to the
division within three days after receipt of the notice of revocation or
non-renewal.
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Rule 4781-8-04 | License renewal.
Effective:
January 20, 2020
(A) A licensee shall apply for renewal
prior to the date of expiration of the license. A licensee who installs
manufactured homes in Ohio after the license has expired is in violation of
paragraph (A) of rule 4781-8-01 of the Administrative Code. (B) The division shall provide notice to
the licensee of the need for renewal of the license. The notice and an
accompanying renewal application shall be provided to the licensee by regular
mail, facsimile, or email to the licensee's address in the division's
records at least thirty days prior to the expiration of the
license. (C) The division may renew the license if
the licensee meets the following requirements: (1) Submits the renewal
form and the renewal fee, or late fee as set forth in paragraph (G) of rule
4781-8-01 of the Administrative Code, if any, prior to the license date of
expiration or, for applications completed on-line, by midnight on or before the
date of expiration or earlier with the renewal fee; (2) Signs a statement
regarding felony or other criminal convictions; (3) Demonstrates
compliance with the requirements of Chapter 4781. of the Revised Code and rules
promulgated thereunder; (4) Provides proof of
insurance as set forth in paragraph (B)(13) of rule 4781-8-01 of the
Administrative Code; (5) Meets the division's continuing
education requirements. (D) Late applications. Any renewal application that is postmarked or
completed on-line after the renewal deadline shall include the renewal fee and
late fee, as set forth in paragraph (G) of rule 4781-8-01 of the Administrative
Code. (E) Each licensee who complies with the
renewal requirements shall receive a new identification card and license with a
new expiration date. (F) Failure to timely renew. (1) A licensee who fails
to renew in accordance with the division's rules after the renewal
deadline, shall be automatically placed on lapsed status. If a licensee fails
to reactivate their license under lapsed status within twenty-four months, the
licensee shall be required to reapply in accordance with rule 4781-8-01 of the
Administrative Code including all applicable fees. (2) "Good
cause" waivers or extensions. (a) The division may extend the renewal period and may waive the
late renewal fee in cases of certified illness, disability, military service,
foreign residence, or for good cause that prevents timely renewal. Waivers or
extensions of time shall be determined by the division or its designee on a
case-by-case basis. (b) If the division grants an extension of time for renewal, the
license shall not be reissued until the licensee has completed the renewal
process required by the division. (c) For the purpose of this rule, "good cause" means
any non-reoccurring facts or circumstances outside the control of the licensee
that hindered or prevented the licensee from renewing in a timely
manner.
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Rule 4781-8-05 | Installation, foundation, and base support system construction work performed by unlicensed persons.
Effective:
January 20, 2020
Except as provided in rule 4781-8-05.1 of the
Administrative Code, no person shall install a manufactured home or perform
foundation and base support system construction in Ohio unless licensed by the
division or under the supervision of a licensed installer. A licensed
manufactured home installer will be responsible for any installation tasks,
including foundation and base support system construction work, that an
unlicensed person performs on a manufactured home.
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Rule 4781-8-05.1 | Installation performed by a homeowner.
Effective:
January 20, 2020
Notwithstanding rule 4781-8-05 of the
Administrative Code, a homeowner may install a manufactured home for the
person's own occupancy if the manufactured home is located on property
that the person owns and the home is not located in a manufactured home park.
The homeowners must be responsible for all work themselves; however, they may
contract out portions of the work to a division-licensed installer who is
currently active, and all contracted work must be identified and agreed upon,
in writing, on a form prescribed by the division. The division reserves the
right to investigate a complaint against a licensed installer for specific work
performed if the scope of work is outlined as the installer's
responsibility in writing.
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Rule 4781-8-06 | Education for applicants.
Effective:
January 20, 2020
(A) General education requirements for
installer's license applications. (1) An applicant shall successfully complete
twelve hours of initial licensing education as set forth in paragraph (A)(2) of
this rule. The required education shall be completed within one year of the
date of application. Credit shall only be given for courses that have been
approved by the division. (2) The curriculum of any initial licensing education course
shall include instruction in the following areas: (a) Ohio law governing
manufactured home installation; (b) Manufacturers'
installation manuals and requirements; (c) Preparation of
manufactured home sites, including drainage; (d) Installation of
foundation systems, including calculation of loads from roof to column to
footing, and calculation of footing size; (e) Blocking, perimeter
support, and leveling of manufactured homes; (f) Connections of sections
and components; (g) Installation of
anchoring systems and components; (h) Installation of vapor
barriers, curtain walls, access, and ventilation for crawl space
areas; (i) Instruction in all
areas included on inspection checklists on forms provided by the
division; (j) Work place safety for
installers; and (k) Code of ethics for
installers. (3) Licensing courses shall help ensure that applicants possess
the knowledge, skills, and competence necessary to function as manufactured
homes installers in a manner that protects and serves the public
interest. (4) Any course that is to be conducted in Ohio or primarily for
the benefit of Ohio applicants shall accurately and completely address any
unique Ohio laws, codes, rules, customary practices, or approved methods,
relevant to the subject matter being taught. (5) No licensing course instructor shall instruct students in any
manner or on any subject that is in contradiction to any statute, court
decision, administrative rule, or order that has been issued by the
division. (B) Application of
prospective training agencies to offer initial licensing education
courses. (1) Prospective training
agencies of initial licensing courses shall follow the same application
procedure set forth in rules 4781-9-01 and 4781-9-03 of the Administrative Code
for prospective training agencies of continuing education courses, including
payment of a nonrefundable fee of twenty-five dollars in the form of a check or
money order payable to "Treasurer, State of Ohio," or by credit card.
Any payment of fees may be subject to a convenience fee as charged to the
division. The division will not review applications that are not accompanied by
all applicable fees. (2) The division or its
designee shall notify the prospective training agency whether it has been
approved or disapproved within sixty business days after receipt of the
application. The division shall approve applications that satisfy the
requirements of rules 4781-9-01 to 4781-9-03 of the Administrative Code. A
training agency is approved for a period of one year. (C) Course
fees. (1) The training agency
may establish a fee for students taking a course. The fee shall be
all-inclusive, and no separate or additional fee may be charged to students for
providing course materials, providing course completion certificates, reporting
course completion to the division, or for recouping similar routine
administrative expenses. The total amount of any fees to be charged shall be
included in any advertising or promotional materials for the
course. (2) The fees for each
initial licensing education course and for the annual approval of each training
agency shall be the same as the fees described in rule 4781-9-05 of the
Administrative Code. (D) Advertising of courses;
solicitation of students. (1) Training agencies
shall not use false or misleading advertisements. Advertising shall be in
accordance with the provisions of rule 4781-9-01 of the Administrative
Code. (2) If the number of
licensing education credit hours awarded by the division for a course is less
than the number of scheduled hours for a course, then any advertisements or
promotional materials must clearly specify the number of division -awarded
credit hours for that course. (3) Training agencies
shall provide any prospective student with a description of the course content
if requested. (4) Training agencies
shall specify their refund and cancellation policies in any promotional
materials. (5) Training agencies and
instructors may have unapproved material, pamphlets, and brochures available
for purchase by students, but classroom time may not be used to promote or sell
any materials, or to solicit membership or affiliation in any business or
organization. (6) Distance learning
courses shall comply with the provisions of rule 4781-9-03 of the
Administrative Code for continuing education distance learning
courses. (E) Course scheduling;
notice to the division. (1) Courses shall be
limited to a maximum of eight classroom hours of instruction per day. A
classroom hour consists of at least fifty minutes of instruction. The maximum
amount of instruction time without a break is limited to ninety minutes, and
any course scheduled for four or more hours must include a meal break of at
least one hour. The provisions of this rule do not apply to self-paced distance
learning courses. (2) At least ten days
before commencement of a schedule course, written notice shall be provided
informing the division of the scheduled course, including the training
agency's name and assigned number, the name and assigned number for the
course, the scheduled date and time, specific location(s), and the name of the
instructor. (3) If there are schedule
changes or a cancellation of a course, then at least five calendar days before
the originally scheduled course start date, the division shall be given notice
of the changes or cancellation. If the change or cancellation is due to
unforeseen circumstances, then the training agency shall notify the division
the next business day. (F) Training agencies shall
comply with the requirements of paragraph (K) of rule 4781-9-01 of the
Administrative Code for students with disabilities. (G) Course completion
reporting. (1) A training agency
shall provide to the division a roster of all individuals that have
successfully completed an approved initial licensing education course and the
fees required by paragraph (B) of this rule. The roster and the required fees
must be submitted within fourteen business days of the date of completion of
the course. The roster shall be provided to the division on the form prescribed
by the division or via any other means of electronic transmission that the
division deems appropriate. The training agency shall maintain a copy of every
roster for a period of three years after each course is held. Failure to
properly report may result in revocation of approval or non-renewal of a
training agency or course for initial licensing education. (2) The training agency shall also provide a certificate of
completion to the student who satisfactorily completes a course within fifteen
days of completing the course. The certificate may be used by the applicant as
proof of having completed the course. (3) The division shall be provided reports on any applicant who
does not satisfactorily complete a course. The training agency shall not
provide a certificate of completion, or report the student as having completed
the course, if the student fails to satisfy the requirements of this
rule.
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Rule 4781-8-07 | Examination for installers or inspectors.
Effective:
January 20, 2020
(A) An applicant to become a licensed
manufactured home installer or certified manufactured home inspector shall
contact and arrange with an approved state licensing examination provider for
taking the examination. The applicant shall receive a passing score on the
state exam within one year of the date of the application. (B) The state licensing or certification
examination shall include, but not be limited to: (1) Ohio law governing
manufactured home installations; (2) Manufacturer
installation manuals and requirements; (3) Preparation of the
manufactured home site, including drainage; (4) Installation of
foundation systems, including calculation of loads from roof to column to
footing and calculation of footing size; (5) Blocking, perimeter
support, and leveling of manufactured homes; (6) Connections of
sections and components; (7) Installation of
anchoring systems and components; (8) Installation of vapor
barriers, curtain walls, access, and ventilation for crawl space
areas; (9) Instruction in all
areas included on inspection checklists as provided by the
division; (10) Work place safety
for installers or inspectors; and (11) Code of ethics for
installers or code of ethics for inspectors, whichever is
applicable. (C) Examination report. (1) The licensing or
certification examination provider shall provide the division with a report of
all examination results within fifteen business days of the examination. The
report shall contain the following: (a) The date of the exam; (b) The applicant's name and date of birth; (c) The applicant's mailing address, and day-time telephone
number; (d) All examination pass or fail results. (2) The examination
provider may notify the applicant of their own results of the examination;
however, only the report sent directly to the division shall be used to
determine if the applicant has attained a passing score on the
examination. (D) A minimum score of seventy per cent
on the examination, in addition to compliance with the requirements of rule
4781-9-01 of the Administrative Code is required before the division may issue
a license to an applicant. The division or its designee shall notify any
individual who has failed to attain a minimum score of seventy per
cent. (E) The testing agency shall provide an examination under the
following conditions: (1) The examination shall
be subject to review by the division or its designee; (2) The examination shall
have documented statistically justifiable, objective, and valid
questions; (3) The examination shall
use multiple versions of the examination and its questions; (4) The testing agency
shall be able to ensure the security of the examination and its
questions; (5) The testing agency
shall verify the identity of the individual taking the
examination; (6) The examination shall
be multiple-choice; (7) The examination shall
contain items from each of the subject areas discussed in the installation
class requirements and the inspection checklists; (8) Locations for
examinations shall have seating availability such that any applicant who is an
Ohio resident shall be able to take an exam at a location within one hundred
miles of the applicant's Ohio residence within a three-month period;
and (9) Regardless of
additional locations, examinations shall be offered in Franklin county a
minimum of four times a year.
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Rule 4781-8-08 | Complaints against licensees.
Effective:
January 20, 2020
(A) Any person who believes that a
licensee has violated any provision of Chapter 4781. of the Revised Code or
rules promulgated thereunder, may notify the division in writing or by
phone. (B) Upon receipt of a complaint against a
licensee, the division or its designee shall follow the following
procedure: (1) Review the complaint to determine if
further information or investigation is needed; or (2) If further investigation is needed,
the division or its designee shall investigate the matter and report its
initial findings to the superintendent or his or her designee who shall then
make a determination whether the complaint should be: (a) Closed with no further action; (b) Referred for further investigation; or (c) Referred for disciplinary action against a
licensee. (C) The division or its designee may initiate an
investigation of a licensee on its own motion to determine whether the licensee
is in compliance with Chapter 4781. of the Revised Code and the rules
promulgated thereunder.
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Rule 4781-8-09 | Examination development and sponsor.
Effective:
January 20, 2020
(A) The division may contract with
recognized national testing service providers to administer the examinations
for the Ohio manufactured homes installer license and the Ohio manufactured
homes inspector certification. The examinations shall demonstrate that the
applicant has knowledge of Chapter 4781. of the Revised Code and the rules
promulgated thereunder. The division may, at any time, review the content of
the examinations. (B) Each examination provider shall
ensure that: (1) Examinations shall
consist of statistically justifiable, objective, and valid multiple-choice
questions that address each of the subject areas covered in the installation
training course and division-approved inspection checklists; (2) Each examination
shall have multiple versions, each of which shall be of equal validity,
objectivity, and difficulty; (3) Examinations shall be
kept in a secure location; (4) The identity of the
individual taking the examination shall be verified; (5) The examination shall
be designed so as to take an installer or inspector of average ability no more
than two hours to complete the examination; and (6) Within fifteen
business days after completion of the examination, the division shall be
provided with the examination results for each applicant. (C) Locations for
examinations. (1) The installer
examination and inspector examination shall be offered in Franklin county no
less than four times in each calendar year. (2) In addition to the
requirement set forth in paragraph (C)(1) of this rule, the examinations may at
the discretion of the division also be offered in as many other Ohio counties
as is necessary to ensure that applicants have the option, at least once every
three months, to take the examination at a location that is no more than one
hundred miles from their Ohio residence. (3) All examinations
shall be conducted in facilities that: (a) Accommodate all enrolled applicants for the examination
comfortably; (b) Shall be equipped with student desks, worktables with chairs,
or other seating arrangements that provide a surface whereby the applicants can
sit and write; (c) Have sufficient light, heat, cooling, and
ventilation; (d) Have, if necessary, a public address system such that all
applicants can hear examination instructions and announcements; (e) Shall be free of distractions that could disrupt the
examination; and (f) Comply with the "Americans with Disabilities Act of
1990," 104 Stat. 327, 42 U.S.C. 12101, or other laws requiring examination
providers to accommodate persons with disabilities.
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Rule 4781-8-10 | Code of ethics for licensed manufactured home installers.
Effective:
January 20, 2020
(A) General. (1) To safeguard the
health and safety of the public and the state of Ohio and to maintain integrity
and high standards of skills and practice in the manufactured home installer
industry, the following rules of professional conduct, promulgated in
accordance with Chapter 4781. of the Revised Code, shall be binding upon every
person holding a license as a manufactured home installer in Ohio. (2) The manufactured
homes installer is charged with having knowledge and understanding of Chapter
4781. of the Revised Code and rules promulgated thereunder for his or her
conduct as an installer. Such knowledge shall encompass the understanding that
the installation of manufactured homes is a privilege, as opposed to a right,
and the licensee shall be forthright and candid in statements or written
responses to the division or its designee on matters pertaining to professional
conduct. (B) Code of ethics for manufactured homes
installers. (1) The manufactured home
installer shall protect the health and safety of the public and colleagues in
the performance of professional duties. If a situation arises that threatens
the health and safety of the public or the installer's colleagues, the
installer shall: (a) If an inspector advises an installer of a situation or
deficiency, the installer shall correct the situation or deficiency immediately
and notify the person or entity that gave rise to the situation that correction
is required; (b) Refuse to proceed with the installation
involved; (c) Notify the proper authority, if in the installer's
opinion, the situation is significantly important or dangerous;
and (d) Immediately notify the division if the situation involves the
professional conduct of another licensee and/or inspector. (2) The manufactured home
installer shall undertake only those assignments that the licensee is qualified
by training, education, and experience to perform. An installer must submit an
estimate of the cost of an installation prior to undertaking performance. The
installer must provide a homeowner-installer agreement on a form prescribed by
the division prior to commencement of work. If the competence of an installer
comes into question, the division shall require that licensee to cooperate in
any investigation by the division. (3) It shall be the duty
of every installer who performs work on the installation of the manufactured
home, including but not limited to, structure, foundation, tie downs, blocking,
leveling, weatherproofing, electrical, gas, plumbing, sewer connections, or
mechanical systems, to guarantee that the work complies with Chapter 4781. of
the Revised Code and the rules promulgated thereunder. (4) The manufactured home
installer shall only express an opinion as a technical or expert witness before
any court or quasi-judicial proceeding regarding the subject matter of
manufactured housing, if the installer's opinion is based on adequate
information, a competent technical background on the subject matter, and upon
an honest conviction as to the propriety of the opinion. (5) The manufactured home
installer shall at all times act with complete integrity for each client and
shall be honest in all dealings with customers and the public. (6) The manufactured home
installer shall respond promptly to all complaints. (7) The manufactured home
installer shall maintain current knowledge of the products, methods,
techniques, and technology associated with the installation of manufactured
homes and with related business practices. (8) The manufactured home
installer shall recognize and not fail in his or her responsibility to
supervise unlicensed installers, or knowingly permit unlicensed installations
to occur without the supervision of a licensed installer. (9) The manufactured home
installer who has knowledge or reason to believe that another person or firm is
guilty of violating any of the provisions of Chapter 4781. of the Revised Code
or the rules promulgated thereunder, shall immediately notify the
division. (10) The manufactured
home installer shall not, directly or indirectly, pay, solicit, or offer any
bribe or payment for professional employment or to influence inspection
results. (11) The manufactured
home installer shall not falsify or permit misrepresentations of his or her
professional qualifications, and shall not misrepresent or exaggerate the
responsibility or the skills and competency required for any employment or any
installations. (12) The manufactured
home installer shall ensure that any advertisements, brochures, or other
solicitations for employment do not misrepresent pertinent facts concerning
employers, employees, associates, joint ventures, or past accomplishments with
the purpose of enhancing qualifications or work experience. (C) Conviction of a felony or the
revocation or suspension of a license in another jurisdiction for conduct that
would violate any part of this rule if it occurred in the state of Ohio may be
grounds for the division to charge the licensee with a violation of this
rule. (D) A person shall return his or her
license and identification card to the division within three business days
after receipt of notice of revocation, or non-renewal.
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Rule 4781-8-11 | Adjudication hearings.
Effective:
January 20, 2020
(A) General. The division shall determine the need for
adjudication hearings in accordance with sections 119.06 to 119.13 of the
Revised Code. (1) After a denial,
revocation, or suspension of a license issued pursuant to Chapter 4781. of the
Revised Code, the division shall notify the licensee or applicant of his or her
right to request a hearing. The notice shall be in writing and sent by
certified mail, return receipt requested. (2) The notice shall
include: (a) The charges or reasons for the denial, suspension, or
revocation; (b) The applicable laws or rules directly involved;
and (c) A statement informing the licensee or applicant
that: (i) The licensee or
applicant is entitled to a hearing if the request for a hearing is received by
the division within thirty days from the date the notice of the action was
mailed; (ii) The licensee or
applicant may appear in person or be represented by an attorney; (iii) The licensee or
applicant may choose to present their position, argument, or contentions in
writing; and (iv) The licensee or
applicant may present evidence, examine witnesses appearing on the licensee or
applicant's behalf, and cross-examine the division's witnesses at the
hearing. (3) If the division
receives a request for hearing within thirty days from the date the notice of
action was mailed, the division or its superintendent shall immediately set the
date, time, and location of the hearing. The date set for hearing shall be
within seven and fifteen days of receiving the request for hearing, unless
continued by the division on its own motion or continued by agreement of both
parties. (4) The superintendent
may issue subpoenas for any witnesses or to compel the production of any books,
records, or papers in accordance with Chapter 119. of the Revised Code upon
request of the licensee, applicant, or legal counsel to the division. Such
request for subpoenas shall be made no later than fourteen days prior to the
date of the adjudication hearing, if the party requesting the subpoena is
notified of the hearing date more than fourteen days before the hearing is
scheduled. If the party requesting the subpoena is notified of the hearing date
less than fourteen days before the hearing is scheduled, he or she shall notify
the superintendent or the superintendent's designee of his or her desire
to request a subpoena. The superintendent or his or her designee shall then
determine whether sufficient time remains before the hearing to issue the
subpoenas being requested or whether the hearing should be continued. The
service and enforcement of subpoenas shall be made in accordance with Chapter
119. of the Revised Code. (5) A licensee,
applicant, or representative of the licensee or applicant may request a
continuance of the scheduled hearing by submitting a written request no later
than fourteen days prior to the scheduled hearing date, or within three days of
receipt of notice of the hearing date, whichever is later. The superintendent
or his or her designee may grant a continuance upon good cause.
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Rule 4781-8-12 | Temporary manufactured home installer license for members of the military and their spouses.
Effective:
October 28, 2022
As provided in section 4743.041 of the Revised
Code, temporary licenses for manufactured home installers shall be issued in
accordance with Chapter 1301:3-9 of the Administrative Code.
Last updated October 28, 2022 at 5:34 AM
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