H. B. 2542
(By Delegates Manchin, Caputo, Proudfoot,
Swartzmiller, Yost and Walters)
[Introduced January 25, 2007; referred to the
Committee on Industry and Labor, Economic Development and Small
Business then the Judiciary.]
A BILL to amend and reenact §21-9-11a of the Code of West Virginia,
1931, as amended, relating to clarifying that a written
complaint must be filed with the State Regulatory Board before
a civil action may be filed.
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 do constitute any of
these violations, 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)
Limited period for exclusive administrative remedy. --
A
purchaser or owner of a manufactured home may not file any 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 any defects in the manufacture or installation of a manufactured home.
A purchaser or owner of a manufactured home may not file any 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. This period of exclusive administrative
authority may not prohibit the purchaser or owner of the
manufactured home from seeking equitable relief in any 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.
NOTE: The purpose of this bill is to clarify that a written
complaint must be filed with the State Regulatory Board before a
civil action may be filed.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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