COMMITTEE SUBSTITUTE
FOR
H. B. 4753
(By Delegate Beane)
(Originating in the House Committee on the Judiciary)
[March 2, 2000]
A BILL to amend article nine, chapter twenty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eleven-a, relating to protection of consumers who purchased
manufactured housing; required notification to consumers of
inspection services offered by the West Virginia manufactured
housing construction and safety board; requirements for
written reports to consumers of inspections conducted of
manufactured housing; administrative deference to the West
Virginia manufactured housing construction and safety board to
inspect for defects in response to consumer complaints;
providing ninety-day deference period by consumers to the
board for alleged defects in manufactured housing; and tolling
the statute of limitations during the ninety day period.
Be it enacted by the Legislature of West Virginia:
That article nine, chapter twenty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section eleven-
a, to read as follows:
ARTICLE 9. MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS.
§21-9-11a. Inspection of manufactured housing; deferral period for
inspection and administrative remedies; notification
to consumers of rights.
(a) Inspection of manufactured housing. -- When a purchaser or
owner of a manufactured home files a written complaint with the
board alleging defects in the manufacture, construction or
installation of the manufactured home, and any additional
information the board considers necessary to conduct an
investigation, the board shall within thirty days, to the extent
feasible, cause an inspection of the manufactured home by one or
more of its employees or person authorized and supervised by the
board. The board shall provide the consumer a written report
indicating whether the defects alleged by the complaint constitute
violations of federal or state statutory or regulatory standards or
good and customary manufacturing standards in the construction,
design, manufacture or installation of the manufactured home. If
the report indicates that the alleged defects do constitute any of these violations, the board shall take such further administrative
action as provided for in this article including, but not limited
to, ordering the manufacturer, dealer or installer or the
manufacturer, dealer and installer to correct any defects;
(b) Limited period for exclusive administrative remedy. -- The
board has a period of ninety days, commencing with the date of
filing of the complaint, to investigate and take administrative
action to order the correction of any defects in the manufacture or
installation of a manufactured home. A purchaser or owner of a
manufactured home may not file any civil action seeking monetary
recovery or damages for claims related to or arising out of the
manufacture, acquisition, sale or installation of the manufactured
home, until the expiration of ninety days after the consumer or
owner has filed a written complaint with the board. This period of
exclusive administrative authority may not prohibit the purchaser
or owner of the manufactured home from seeking equitable relief in
any court of competent jurisdiction to prevent or address an
immediate risk of personal injury or property damage. The filing of
a complaint under this article shall toll any applicable statutes
of limitation during the ninety day period but only if the
applicable limitation period has not expired prior to the filing of
the complaint.
(c) Notice of consumer rights. -- Every dealer shall provide written notification to every purchaser of a manufactured home of
the availability of administrative assistance from the board in
investigating and ordering corrections of any defect in the
manufacture or installation of a manufactured home and the period
of exclusive jurisdiction given to the board. The board may
prescribe that the notice contain any information the board
determines to be beneficial to the purchaser or owner of the
manufactured home in exercising that person's rights under this
section.
This section is new; therefore, strike-throughs and
underscoring have been omitted.