HB 2398 Text

H. B. 2398

(By Delegates Leach, Michael, Perdue and Susman)
[Introduced February 16, 2005; referred to the
Committee on Government Organization.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-11A-3b, relating to providing for a standard form informational list of universal accessibility features to be provided to a future buyer of any proposed residential housing in the State.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-11A-3b, to read as follows:
ARTICLE 11A. WEST VIRGINIA FAIR HOUSING ACT.
§5-11A-3b. Informational list of universal accessibility features; penalties.

(a) Ninety days after the commission certifies and makes available to the general public the standard form informational list or chart pursuant to this section, a seller or builder of any proposed residential housing in the State shall provide to the buyer an informational list of universal accessibility features that would make the home entrance, interior routes of travel, the kitchen, if downstairs, and the bathroom(s), if downstairs, fully accessible to persons with disabilities, which listed informational features are to include, but not be limited to, the following:
(1) General external adaptations:
(i) Accessible routes of travel to the dwelling unit;

(ii) Accessible landscaping of the side and rear yards;

(iii) Accessible route from the garage or parking area to a dwelling unit entry;
(2) Doors, openings, and entries:

(i) Accessible primary front door, doorway and threshold;

(ii) Accessible interior doors and doorways;
(iii) Accessible secondary exterior doors, doorways and thresholds;
(iv) Accessible levered handles on all doors;

(v) An entry door sidelight, or high and low peephole viewers;

(vi) Visual fire alarms and visual doorbells;
(vii) Accessible sliding glass door;
(3) General interior adaptations:
(i) Accessible routes to at least one bedroom, one bathroom and the kitchen from the primary entrance;

(ii) Accessible switches, outlets, and thermostats;

(iii) Visual fire alarms and visual doorbells;
(iv) Rocker light switches;
(v) Closet rods and shelves adjustable from three feet to five feet six inches high;
(vi) Residential elevator or lift;
(vii) If provided, a service porch with accessible workspace, cabinets, and appliances;
(4) Kitchen:
(i) Accessible clear workspace at appliances;

(ii) Removable base cabinets at sink;

(iii) Accessible cabinets and drawers, including pullout shelves, bread boards and lazy susans;
(iv) Accessible sink features and controls;
(v) Accessible built-in or provided appliances, including refrigerator, stove, oven, dishwasher, and countertop microwave or convection oven;
(vi) Enhancements such as a contrasting color edge at countertops, contrasting floor designs marking accessible routes and work areas, antiscald devices on plumbing fixtures, and undercabinet lighting;
(5) Bathrooms and powder rooms:
(i) Grab bar backing and grab bars in all requested locations;

(ii) Accessible clear workspace and turning circles;

(iii) Accessible sink (lavatory) with adequate knee space and protection;
(iv) Accessible toilet;
(v) Accessible roll-in shower in lieu of standard tub or shower;
(vi) Accessible faucet handles and an adjustable handheld showerhead;
(vii) Enhancements such as a contrasting color edge at countertops, contrasting floor designs marking accessible routes and work areas, and antiscald devices on plumbing fixtures;
(6) Any other external or internal feature requested at a reasonable time by the buyer and agreed to by the seller.
(b) If a buyer is interested in a specific informational feature on the list established by subsection (a) of this section, the seller or builder upon request of the buyer shall indicate whether the feature is standard, limited, optional, or not available, and if available shall further indicate the cost of such feature to the buyer.
(c) The standard form informational list shall be certified and made available for reproduction by the commission, in accordance with the provisions of subsection (a) of this section, based upon recommendation of the American Institute of Architects/West Virginia and the Home Builders Association of West Virginia.
(d) Any willful violation hereunder by a builder or seller of residential housing shall be punishable by a civil penalty of five hundred dollars.

NOTE: The purpose of this bill is to provide for a standard form informational list of universal accessibility features to be provided to a future buyer of any proposed residential housing in the State.

This section is new; therefore, strike-throughs and underscoring have been omitted.

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