Wooster council approves 'broad' regulations for manufactured homes citing health, safety

WOOSTER ― The city now has the authority to enforce maintenance code violations on manufactured homes following a 6-1 Wooster City Council vote Monday.

This vote came after a back-and-forth discussion about how the city authority will be applied without stepping on the toes of federal and state agencies, each of which regulate specific aspects of manufactured homes.

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The legislation applies as many housing regulations to the prefabricated dwellings as possible, said John Scavelli, city law director.

The goal, he said, is to see how a city can best ensure health and safety standards with manufactured home regulations within the confines of the law and legal precedents.

Only Councilman Scott Myers voted no, citing the broad nature of the provisions and the potential of government overreach.

Weeds, screens and plumbing

The new maintenance code outlines multiple aspects of manufactured homes the city hopes to enforce for health and safety reasons.

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These regulations include having insect screens, weeds under 12 inches, a heat supply and backflow testing, according to the legislation.

The legislation further requires manufactured homes to meet the city's minimum housing requirements for light, space, ventilation, heating and sanitation.

'Finding those cracks'

Much of the debate revolved around pre-emption, a legal term that states the higher authority of law displaces those of lower authority. In this case, federal is the highest followed by state and then local.

Scavelli explained the Ohio Department of Commerce largely focuses on foundations, licensing and insulation, while federal agencies look at the construction of the homes, leaving a murky space for cities and other local governments to exercise authority.

Another obstacle facing the city, he said, is the lack of legal precedent regarding manufactured home regulations by local governments like Wooster.

"We don't really know where pre-emption fits and it doesn't (for the city)," Scavelli said. That's why the legislation was broad, so it could be applied in many situations and circumstances, giving the city flexibility.

The goal is to focus on the outside "cosmetic" issues including grass length and trash. If a problem is discovered on the outside, Scavelli explained, it could provide probable cause to look inside the home for health and safety problems.

"This is an attempt to find those cracks, and that's why this is so broad," he said.

One such crack could be the requirement of window screens, something Myers said is required on Wooster homes but is rarely enforced.

If screens are pre-built onto manufactured homes, Myers said the city cannot regulate that aspect as it falls under federal pre-emption.

But if window screens are not pre-built onto the homes, the city could potentially regulate it.

For Councilman John Ansel, this legislation is needed following the council's recent decision to allow mobile home parks to expand.

"This is not a cure-all, but it is a step in the right direction," he said.

Other action at the June 5 Wooster City Council meeting

• Wooster City Council approved community recommendations from the Wooster Tax Incentive Review Council regarding existing enterprise zone and community reinvestment area agreements.

• The city voted to conform its borders with newly annexed land along Melrose Drive.

• City officials will continue to consider ballot initiatives that would see Wooster electricity and gas be aggregated.

• The city will accept a $55,000 Ohio Department of Transportation grant to replace the traffic lights at State Route 585 and the entrance to GOJO Industries. The total project will cost roughly $189,346.

• Council approved a 5-year contract with Axon for body cameras, data storage and docking ports for $208,193. The first year expense is roughly $26,000. The next four are $44,048.

• The city will partner with Wayne County and the City of Orrville to apply for a $1.5 million state grant. Roughly $350,000 would go to Wooster.

• Council approved a contract to hire Wayne Metropolitan Housing Authority for consulting services for $125,000. That money will come from the $350,000 the city hopes to receive from the state grant.

This article originally appeared on The Daily Record: Wooster OH council approves 'broad' regulations for manufactured homes