(A) Each
manufactured home lot in a manufactured home park constructed, changed, or
added to after December 16, 1951, but prior to January 1, 1961, shall have a
land area of not less than twelve hundred fifty square feet.
(B) Each manufactured home lot in a
manufactured home park or section thereof, constructed after December 31, 1960,
but prior to July 1, 1971, shall have a land area of not less than eighteen
hundred square feet; provided, however, corner lots not exceeding ten per cent
of the total number of lots, may have a land area of not less than fifteen
hundred square feet.
(C) Each
manufactured home lot in a manufactured home park or section thereof,
constructed or substantially altered after June 30, 1971, shall have a land
area of not less than thirty-six hundred square feet.
(D) As of May 8, 1994, each existing
manufactured home in a manufactured home park constructed prior to July 1,
1971, is not required to comply with paragraphs (E) to (G) of this rule unless
the manufactured home is removed from the lot. A replacement manufactured home
must comply with paragraphs (E) to (G) of this rule.
(E) Each manufactured home, in a manufactured
home park constructed prior to January 1, 1961, shall be placed upon the lot so
as to provide not less than ten feet distance between the sides of any
manufactured homes, eight feet distance between the end of any manufactured
home and the side of any manufactured home, and five feet distance between
manufactured homes placed end to end.
(F) Each manufactured home, in a manufactured
home park constructed prior to July 1, 1971, shall be placed upon the lot so as
to provide not less than ten feet distance from any building, public roadway,
street, alley, and any right-of-way designated for vehicular traffic as
specified by the Ohio department of transportation or other local jurisdiction,
and not less than five feet distance from roadways and parkways within the
manufactured home park, and not less than five feet distance from the
manufactured home park property line.
(G) Each manufactured home, in a manufactured
home park constructed after December 31, 1960, or substantially altered after
June 30, 1971, shall be placed upon the lot so as to provide all of the
following with respect to placement of the manufactured home in proximity to
other manufactured homes:
(1) A manufactured
home that is placed side to side with another manufactured home or placed at an
angle of less than ninety degrees shall maintain an average distance between
the manufactured homes of at least fifteen feet, but in no event shall be
placed at a distance of less than twelve feet at any point.
(2) A manufactured home that is placed side
to end with another manufactured home or placed at an angle of ninety degrees
or greater, but less than one hundred thirty-five degrees, shall maintain a
minimum distance of ten feet from the other manufactured home; and
(3) A manufactured home that is placed end to
end with another manufactured home or placed at
an
a one hundred
thirty-five degree or greater angle shall maintain a minimum distance of five
feet from the other manufactured home.
For the purpose of this paragraph, angles shall be measured in
relation to each manufactured home's side or longest length. Average distance
shall be determined by dividing by two the sum of the distance between each of
the two corners of one manufactured home to the closest adjacent corner on the
other manufactured home.
(H) Each manufactured home in a manufactured
home park constructed or substantially altered after June 30, 1971, shall be
placed upon the lot so as to provide not less than fifteen feet distance from
any building, public roadway, street, alley
, and
any right-of-way designated for vehicular traffic as specified by the Ohio
department of transportation or other local jurisdiction, and not less than ten
feet distance from roadways and parkways within the manufactured home park, and
not less than ten feet distance from the manufactured home park property
line.
(I) The operator shall be
responsible for defining the manufactured home lot boundaries and requiring the
proper placement of the manufactured home upon the lot. The operator shall
assure compliance with the minimum spacing requirements of this rule. The
operator shall also assure that an existing manufactured home that is not in
compliance with the minimum spacing requirements of paragraphs (E) to (G) of
this rule pursuant to paragraph (D) of this rule is not expanded, enlarged
, or otherwise extended in a manner that increases the
noncompliance.
(J) In all instances
where a manufactured home has been placed on a lot so as to provide less than
ten feet distance between the sides of manufactured homes, less than eight feet
distance between the end of the manufactured home and the side of any
manufactured home, or less than five feet distance between manufactured homes
placed end to end, and at all times that this condition exists, the operator
shall:
(1) Make conveniently, available, at no charge to the resident, at least
one operable dry chemical, multi-purpose "2A 10 BC" rated or equivalent
pressure-type fire extinguisher; and
(2) Make conveniently available, at no charge
to the resident,
a
two functioning battery-operated single-station smoke
detector
s for each bedroom area if the
manufactured home was constructed prior to June 15, 1976.
(K) In computing manufactured home distance
requirements, width and length mean the largest overall width and length of the
manufactured home including cabinets and other projections
which
that
contain interior space, lean-tos, auxiliary rooms, and similar accessories
connected to the manufactured home. Width and length dimensions do not include
structures
which
that are completely open on two or more sides, roof
projections, overhangs, colonnades, or eaves under which there
is
are no
interior space
s;
, nor do they include drawbars, couplings, or
hitches.
(L) Each manufactured home
lot and street in a manufactured home park shall be marked so as to be readily
identifiable and easily readable from the street. Each manufactured home lot
shall be identified by markings in numerals, letters, or a combination thereof,
of a size of at least four inches
in height. If
an operator renumbers any lot or lots within the park, all renumbering shall be
done in sequential order. The park operator shall notify the
commission
division and all safety service agencies at least
seven days prior to placing the new numbering system into effect.
(M) The operator of a manufactured home park
constructed or substantially altered after June 30, 1971 may apply to the
commission
division for a variance from the provisions of
paragraphs (A) to (H) of this rule for any existing manufactured home placed or
installed on a manufactured home lot as of May 8, 1994. The
commission
division shall not grant a variance unless:
(1) The applicant applies in writing to the
commission
division specifically stating the proposed variance
from the particular rule provision and certifying that the noncompliance
existed as of May 8, 1994;
(2) The
applicant lists all other
potentially reasonable
alternatives for compliance and demonstrates that the alternatives have been
investigated, considered, and determined to be unreasonable;
(3) The applicant demonstrates that there
will be unusual and unnecessary hardship in complying with the rule provision;
and
(4) The proposed variance will
not adversely affect the public health and safety nor defeat the spirit and
general intent of Chapter 4781-12 of the Administrative Code or sections
4781.26
to
4781.35 of
the Revised Code.
The commission
division shall request and consider recommendations
from both the director of the Ohio department of health and the fire authority
with jurisdiction before considering the proposed variance. The
commission
division shall conduct a hearing within thirty days
after receiving the application for a variance or a
request for a continuance made by the applicant. The
commission
division shall either approve or deny the application.
If the application is approved, the commission
division
shall issue a written variance listing the terms and conditions of the
variance. The commission
division shall inspect the manufactured home park
every twelve months to certify compliance with the terms and conditions of the
variance. The licensor
division may revoke a variance if the terms or
conditions of the variance or the provisions of this rule are not met or are
otherwise violated. A variance is immediately void upon removal of the existing
manufactured home from the lot or upon attempt to expand, enlarge, or otherwise extend a manufactured home in a manner
that increases the noncompliance with the minimum spacing requirements of
paragraph (G) or (H) of this rule. Any replacement manufactured home on the lot
shall comply with paragraphs (G) and (H) of this rule.