ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 439
(Senators Prezioso, Yost, Beach, Barnes, Sypolt, Fanning, Tucker and Plymale,
original sponsors)
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[Passed March 12, 2011; in effect from passage.]
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AN ACT to amend and reenact §21-9-11a of the Code of West Virginia,
1931, as amended, relating to clarifying that the filing of a
complaint with the state regulatory board is a prerequisite
for the filing of a lawsuit.
Be it enacted by the Legislature of West Virginia:
That §21-9-11a of the Code of West Virginia, 1931, as amended,
be amended and reenacted 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 sixty 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 constitute a
violation, the board shall take such further administrative action
as provided for in this article including, but not limited to,
ordering the manufacturer, dealer or contractor to correct any
defects.
(b) Period of exclusive administrative remedy. No purchaser
or owner of a manufactured home may file a 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.
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 defects in the manufacture or
installation of a manufactured home. This period of exclusive
administrative authority may not prohibit the purchaser or owner of
the manufactured home from seeking equitable relief in a 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 or contractor who
moves homes from one place to another 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.
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