COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 47

(By Senators Prezioso, White and Foster)

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[Originating in the Committee on Government Organization;

reported February 2, 2006.]

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A BILL to amend and reenact §8A-11-1 of the Code of West Virginia, 1931, as amended, relating to factory-built homes; updating compliance documentation for evidence in a court case; and clarifying regulation by local governments.

Be it enacted by the Legislature of West Virginia:
That §8A-11-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 11. SPECIAL PROVISIONS.
§8A-11-1. Standards for factory-built homes.
(a) Notwithstanding any existing provisions of law, municipal or county ordinance or local state building code, but excluding any provisions relating to zoning or land use control, the standards for factory-built homes, housing prototypes, subsystems, materials and components certified as acceptable by the federal Department of Housing and Urban Development are considered acceptable and are approved for use in housing construction in this state.
(b) A certificate from the state director of the federal housing administration of the department of housing and urban development Appropriate building code compliance documentation attached to a factory-built home shall constitute prima facie evidence that the products or materials listed contained therein are acceptable. and such certificates shall be furnished by the building contractor to any local building inspector or other local housing authority upon request
(c) A governing body of a municipality or a county, when enacting residential design standards for the purposes of regulating the subdivision, development and use of land, shall uniformly apply such design standards and associated review and permitting procedures for factory-built and other single-family constructed homes.
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JUDICIARY COMMITTEE AMENDMENTS

On page three, section one, after line twenty three, by adding a new subsection, designated subsection (d), to read as follows:
(d) Factory-built homes, like other types of homes, shall be constructed and installed in conformity with the requirements of 44 C. F. R. §60.3(1976) and any applicable statute or rule relating to building in a flood zone. ;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 47--A Bill to amend and reenact §8A-11-1 of the Code of West Virginia, 1931, as amended, relating to factory-built homes; updating compliance documentation for evidence in a court case; clarifying regulation by local governments; and requiring construction and installation to comply with federal regulations and applicable law.