H. B. 2398
(By Delegates Leach, Michael, Perdue and Susman)
[Introduced February 16, 2005; referred to the
Committee on Government Organization.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5-11A-3b, relating
to providing for a standard form informational list of
universal accessibility features to be provided to a future
buyer of any proposed residential housing in the State.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §5-11A-3b, to read as
follows:
ARTICLE 11A. WEST VIRGINIA FAIR HOUSING ACT.
§5-11A-3b. Informational list of universal accessibility features;
penalties.
(a) Ninety days after the commission certifies and makes
available to the general public the standard form informational
list or chart pursuant to this section, a seller or builder of any proposed residential housing in the State shall provide to the
buyer an informational list of universal accessibility features
that would make the home entrance, interior routes of travel, the
kitchen, if downstairs, and the bathroom(s), if downstairs, fully
accessible to persons with disabilities, which listed informational
features are to include, but not be limited to, the following:
(1) General external adaptations:
(i) Accessible routes of travel to the dwelling unit;
(ii) Accessible landscaping of the side and rear yards;
(iii) Accessible route from the garage or parking area to a
dwelling unit entry;
(2) Doors, openings, and entries:
(i) Accessible primary front door, doorway and threshold;
(ii) Accessible interior doors and doorways;
(iii) Accessible secondary exterior doors, doorways and
thresholds;
(iv) Accessible levered handles on all doors;
(v) An entry door sidelight, or high and low peephole viewers;
(vi) Visual fire alarms and visual doorbells;
(vii) Accessible sliding glass door;
(3) General interior adaptations:
(i) Accessible routes to at least one bedroom, one bathroom
and the kitchen from the primary entrance;
(ii) Accessible switches, outlets, and thermostats;
(iii) Visual fire alarms and visual doorbells;
(iv) Rocker light switches;
(v) Closet rods and shelves adjustable from three feet to five
feet six inches high;
(vi) Residential elevator or lift;
(vii) If provided, a service porch with accessible workspace,
cabinets, and appliances;
(4) Kitchen:
(i) Accessible clear workspace at appliances;
(ii) Removable base cabinets at sink;
(iii) Accessible cabinets and drawers, including pullout
shelves, bread boards and lazy susans;
(iv) Accessible sink features and controls;
(v) Accessible built-in or provided appliances, including
refrigerator, stove, oven, dishwasher, and countertop microwave or
convection oven;
(vi) Enhancements such as a contrasting color edge at
countertops, contrasting floor designs marking accessible routes
and work areas, antiscald devices on plumbing fixtures, and
undercabinet lighting;
(5) Bathrooms and powder rooms:
(i) Grab bar backing and grab bars in all requested locations;
(ii) Accessible clear workspace and turning circles;
(iii) Accessible sink (lavatory) with adequate knee space and protection;
(iv) Accessible toilet;
(v) Accessible roll-in shower in lieu of standard tub or
shower;
(vi) Accessible faucet handles and an adjustable handheld
showerhead;
(vii) Enhancements such as a contrasting color edge at
countertops, contrasting floor designs marking accessible routes
and work areas, and antiscald devices on plumbing fixtures;
(6) Any other external or internal feature requested at a
reasonable time by the buyer and agreed to by the seller.
(b) If a buyer is interested in a specific informational
feature on the list established by subsection (a) of this section,
the seller or builder upon request of the buyer shall indicate
whether the feature is standard, limited, optional, or not
available, and if available shall further indicate the cost of such
feature to the buyer.
(c) The standard form informational list shall be certified
and made available for reproduction by the commission, in
accordance with the provisions of subsection (a) of this section,
based upon recommendation of the American Institute of
Architects/West Virginia and the Home Builders Association of West
Virginia.
(d) Any willful violation hereunder by a builder or seller of residential housing shall be punishable by a civil penalty of five
hundred dollars.
NOTE: The purpose of this bill is to provide for a standard
form informational list of universal accessibility features to be
provided to a future buyer of any proposed residential housing in
the State.
This section is new; therefore, strike-throughs and
underscoring have been omitted.