Ohio Admin. Code 4781-12-01 - Manufactured home park definitions
As used in rules 4781-12-01 to 4781-12-33
(A)
"Commission" means the Ohio manufactured homes
commission.
"Develop" or "development" means
any artificial change to improved or unimproved real estate, including, without
limitation, buildings or structures, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials, and
the construction, expansion, or substantial alteration of a manufactured home
park for which plan review is required under division (A) of section
4781.31
of the Revised Code. "Development" does not include the building, construction,
erection, or manufacture of any building to which section
3781.06
of the Revised Code is applicable.
(B)
"Develop" or
"development" means any artificial change to improved or unimproved real
estate, including, without limitation, buildings or structures, dredging,
filling, grading, paving, excavation or drilling operations, or storage of
equipment or materials, and the construction, expansion, or substantial
alteration of a manufactured home park for which plan review is required under
division (A) of section 4781.31 of the Revised Code. "Development" does not
include the building, construction, erection, or manufacture of any building to
which section 3781.06 of the Revised Code is applicable.
"Division" means the division of industrial compliance of
the Ohio department of commerce.
(C) "Flood" or "flooding" means either of the
following:
(1) A general and temporary
condition of partial or complete inundation of normally dry land areas from any
of the following:
(a) The overflow of inland
or tidal waters;
(b) The unusual
and rapid accumulation or runoff of surface waters from any source;
or
(c) Mudslides that are
proximately caused by flooding as defined in paragraph
(B)
(C) (1)(b) of
this rule and that are akin to a river of liquid and flowing mud on the surface
of normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current.
(2) The collapse or subsidence of land along
the shore of a lake or other body of water as a result of erosion or
undermining that is caused by waves or currents of water exceeding anticipated
cyclical levels or that is suddenly caused by an unusually high water level in
a natural body of water, and that is accompanied by a severe storm,
; by an
unanticipated force of nature, such as a flash flood,
or an abnormal
tidal surge,
;
or by some similarly unusual and unforeseeable event, that results in flooding
as defined in paragraph (B)
(C) (1)(a) of this
rule.
(D) "Flood plain"
means the area adjoining any river, stream,
watercourse, or lake that has been, or may be, covered by flood
water.
(E) "Freestanding auxiliary
building" means a building used for storage that rests on its own support. Any
structure for the specific purpose of housing or protecting fuel tanks,
electrical metering equipment, or other service
items shall not be considered a freestanding auxiliary building.
(F) "Habitation" means use of a manufactured
home as a residence.
(G) "Lateral
sanitary sewer" means the portion of the sanitary sewerage system
which
that
extends as a single terminal to the manufactured home lot.
(H) "Manufactured home" has the meaning set
forth in section
3781.06
of the Revised Code. For purposes of this chapter, "mobile home" also means
"manufactured home. ".
(I)
"Manufactured home drainage system" means the plumbing fixtures, fixture traps,
waste and vent pipes, and all connections within or adjacent to the
manufactured home.
(J)
"Manufactured home lot" means any portion of a manufactured home park
designated for placement of a manufactured home for habitation.
(K) "Manufactured home park" means any tract
of land upon which three or more manufactured homes, used for habitation, are parked, either free of charge or for revenue
purposes, and includes any roadway, building, structure, vehicle, or enclosure
used or intended for use as a part of the facilities of the park. "Manufactured
home park" does not include any of the following:
(1) A tract of land used solely for the
storage or display for sale of manufactured or mobile homes or solely as a
temporary park-camp, as defined in section
3729.01 of the
Revised Code;
(2) A tract of land
that is subdivided and the individual lots are for sale or sold for the purpose
of installation of manufactured or mobile homes used for habitation and the
roadways are dedicated to the local government authority; or
(3) A tract of land within an area that is
subject to local zoning authority and subdivision requirements and is
subdivided, and the individual lots are for sale or sold for the purpose of
installation of manufactured or mobile homes for habitation.
(L) "Manufactured home park
operator" or "park operator" or "operator" means the person who has responsible
charge of the manufactured home park that is licensed under sections
4781.26
to
4781.35 of
the Revised Code and this chapter.
(M) "Manufactured home park site" means the
entire tract of land developed or to be developed as a manufactured home
park.
(N)
""One - hundred - year
flood"
" or
"
"
based
base
flood"
" means
a flood having a one per cent chance of being equaled or exceeded in any given
year.
(O) "One
- hundred - year
flood elevation" or "base flood elevation" of a one - hundred - year flood
means the flood level that has a one per cent or greater chance of occurrence
in any given year.
(P) "One
- hundred - year
flood plain" or "base flood plain" means that area adjoining any river, stream,
water-course, or lake that has been or may
be inundated by a one - hundred
- year flood.
(Q) "Owner" means a person who is entitled
under a rental agreement with a manufactured home park operator to occupy a
manufactured home park lot and who owns the manufactured home occupying the
lot.
(R) "Person" has the same
meaning as in section
1.59 of the
Revised Code and also includes this state, any political subdivision of this
state, and any other state or local body of this state.
(S) "Plumbing fixtures" means receptacles
designed to receive water from the water system and to discharge liquid, or sewage wastes into the sanitary sewerage
system with which they are connected.
(T) "Public thoroughfare" means a street,
highway, or road;
owned or controlled by the state or a political subdivision,
; devoted to public
use; and supported and maintained by public
funds.
(U) "Regulatory floodway"
means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the one - hundred - year flood
without cumulatively increasing the water surface elevation more than a height
designated by the federal emergency management agency or designated in local
regulations or ordinances, whichever is
less.
(V) "Rental Agreement" means
any agreement or lease, written or oral, that establishes or modifies the
terms, conditions, rules, or any other provisions concerning the use and
occupancy of residential premises by one of the parties.
(W) "Resident" has the same meaning as in
section
4781.01
of the Revised Code. For purposes of this chapter, "resident" also means the
person or persons using a manufactured home for habitation.
(X) "Residential premises" means a lot
located within a manufactured home park and the grounds, areas, and facilities
contained within the manufactured home park for use of residents generally or
the use of which is promised to a resident.
(Y) "Sanitary sewerage system" means
pipelines or conduits, pumping stations, and force mains, and all other
components used for collecting or conducting liquid or sewage wastes to a point
of discharge or treatment.
(Z)
"Security deposit" means any deposit of money or property to secure performance
by the resident under a rental agreement.
(AA) "Sewage" means any liquid waste
materials resulting from cooking and washing activities or any substance that
contains excrementitious waste products.
(BB) "Sewer connector" means any pipe
connecting the manufactured home plumbing system with the lateral sanitary
sewer.
(CC) "Solid wastes" means
such unwanted residual solid or semisolid material as results from commercial
and community operations, including, but not limited to, garbage, street dirt,
debris, and combustible and noncombustible
material.
(DD) "Substantial damage"
means damage of any origin sustained by a manufactured home that is situated in
a manufactured home park located in a flood plain when the cost of restoring
the manufactured home to its condition before the damage occurred will equal or
exceed fifty per cent of the market value of the manufactured home before the
damage occurred. "Substantial damage" also means damage of any origin sustained
by freestanding auxiliary buildings,
; room additions,
; other accessory
structures connected to a manufactured home,
; water, sewage, or
electrical systems,
; or other service facilities including but not
limited to heating, ventilation, plumbing, and air conditioning equipment, fuel
oil tanks, and propane gas cylinders situated in such manufactured home
parks.
(EE) "Substantially alter"
means a change in the layout or design of a manufactured home park including,
without limitation, the movement of utilities or changes in established
streets, lots, or in other facilities. In the case of manufactured home parks
located within a one - hundred
- year flood plain, "substantially alter" also
includes changes in elevation resulting from the addition of fill, grading, or
excavation that may affect flood plain management.
(FF)
"Superintendent"
means the superintendent of the division of industrial compliance of the Ohio
department of commerce.
Notes
Promulgated Under: 119.03
Statutory Authority: 4781.26
Rule Amplifies: 4781.01, 4781.26
Prior Effective Dates: 07/01/1971, 06/01/1979, 09/03/1983, 11/13/1992, 12/01/2012
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