ENGROSSED
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;
clarifying regulation by local governments; and requiring
construction and installation to comply with federal
regulations and applicable law.
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.
(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.