§21-9-1. Short Title
This article shall be known as "The West Virginia Manufactured Housing Construction and Safety Standards Act."
§21-9-10. Licensee to Furnish Bond or Other Form of Assurance
(a) Each manufacturer, dealer, distributor or contractor which applies for a license under section nine of this article shall, at the time of making application for the license, furnish a surety bond or any other form of assurance of the applicant's financial responsibility permitted by the board by rule or regulation, the surety bond or […]
§21-9-11. State May Act as Primary Inspection Agency
(a) This state, acting through the board, is hereby granted all powers and authority necessary to act as a primary inspection agency and to perform the functions of a "design approval primary inspection agency" and a "production inspection primary inspection agency", as the terms are defined in the federal standards. The board may apply to […]
§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 sixty days, to the extent feasible, […]
§21-9-12. Violation of Article; Penalties; Injunction
(a) Any person who violates any of the following provisions relating to manufactured homes or any legislative rule proposed by the board pursuant to the provisions of this article, is liable to the state for a penalty, as determined by the board, not to exceed $1,000 for each violation. Each violation constitutes a separate violation […]
§21-9-12a. Violation of Cease and Desist Order; Penalties
(a) Upon a determination that a person is engaging in business without a valid license as required under the provisions of section nine of this article, the board or commissioner may immediately issue a cease and desist order requiring the person to cease all operations within this state. After a hearing, the board may impose […]
§21-9-2. Definitions
(a) “Board” means the West Virginia Manufactured Housing Construction and Safety Board created in this article. (b) “Commissioner” means the Commissioner of the West Virginia State Division of Labor. (c) “Contractor” means any person who performs operations in this state at the occupancy site which render a manufactured home fit for habitation. The operations include, […]
§21-9-3. Board Continued; Appointment, Qualifications, Terms, Oath, etc., of Members; Quorum; Meetings; When Members Disqualified From Participation; Compensation; Records; Office Space; Personnel
(a) There is hereby continued the West Virginia board of manufactured housing construction and safety, which shall consist of six members and the commissioner, who shall be chairman. At least two of the six members of the board shall represent and be consumers who are not related or employed in the manufactured housing and construction […]
§21-9-4. General Powers and Duties; Persons Adversely Affected Entitled to Hearing
(a) The board shall have the power to: (1) Regulate its own procedure and practice;
§21-9-5. Board Designated as State Administrative Agency for Manufactured Home Construction and Safety Standards; Board to Administer and Enforce Act
The board is hereby designated as the state administrative agency for the administration and enforcement of the federal standards and is charged with the adoption, administration and enforcement of manufactured home construction and safety standards. The standards to be adopted shall be identical to the federal standards. The board shall discharge such duties consistent with […]
§21-9-6. Inspection of Certain Facilities
The board, by its authorized representatives, may enter, at reasonable times, any factory, warehouse or establishment in which manufactured homes are manufactured, stored or held for sale, for the purpose of ascertaining whether the federal standards and the standards promulgated by the board have been and are being met.
§21-9-7. Monitoring Inspection Fee
The board shall establish a monitoring inspection fee in an amount established by HUD. Such fee shall be paid by the manufacturer for each manufactured home produced in this state to the secretary of HUD, who shall distribute the fees collected from all manufactured home manufacturers among the approved and conditionally approved states based on […]
§21-9-8. Maintenance and Production of Records and Other Information
Each manufacturer, dealer, distributor and contractor shall establish and maintain such records, make such reports and provide such information as the board or the secretary of HUD may reasonably require in order to be able to determine whether such manufacturer, dealer, distributor or contractor has acted or is acting in compliance with this article, the […]
§21-9-9. License Required; Fees; Form of License; Display of License; Denial, Suspension, or Revocation
(a) No manufacturer, dealer, distributor, or contractor shall engage in business in this state without first having applied for and received a license pursuant to this section. The license shall authorize the holder to engage in the business permitted by the license. All license applications shall be accompanied by the required fee and surety bond […]