2006 Ohio Revised Code - 3733.01. Definitions.

§ 3733.01. Definitions.
 

As used in this chapter: 

(A) "Manufactured home park" means any tract of land upon which three or more manufactured or mobile 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; 

(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. 

(B) "Manufactured home" has the meaning set forth in division (C)(4) of section 3781.06 of the Revised Code, and "mobile home" has the meaning set forth in section 4501.01 of the Revised Code. 

(C) "Licensor" means either the board of health of a city or general health district, or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code, or the director of health, when required under division (B) of section 3733.031 [3733.03.1] of the Revised Code. "Licensor" also means an authorized representative of any of those entities or of the director. 

(D) "Tenant" 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 does not own the home occupying the lot. 

(E) "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 home occupying the lot. 

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

(G) "Operator" means the person who has responsible charge of a manufactured home park and who is licensed under sections 3733.01 to 3733.08 of the Revised Code. 

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

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

(J) "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. 

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

(L) "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 3733.021 [3733.02.1] 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. 

(M) "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; 

(c) Mudslides that are proximately caused by flooding as defined in division (M)(1)(b) of this section 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, by an abnormal tidal surge, or by some similarly unusual and unforeseeable event, that results in flooding as defined in division (M)(1)(a) of this section. 

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

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

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

(Q) "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. 

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

(S) "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 sites 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. 

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

(U) "Director of health" means the director of health or the director's authorized representative. 
 

HISTORY: Bureau of Code Revision, 10-1-53; 126 v 740 (Eff 10-5-55); 130 v 857 (Eff 9-16-63); 137 v H 29 (Eff 1-13-78); 137 v H 820 (Eff 9-25-78); 138 v H 428 (Eff 3-27-80); 140 v S 231 (Eff 9-20-84); 141 v H 495 (Eff 2-25-87); 144 v H 255 (Eff 11-28-91); 144 v S 319 (Eff 11-5-92); 145 v H 375 (Eff 6-23-94); 147 v S 142 (Eff 3-30-99); 149 v H 520. Eff 4-3-2003; 150 v H 368, § 1, eff. 10-13-04.

 

Effect of Amendments

150 v H 368, effective October 13, 2004, rewrote the section.