ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 47
(Senators Prezioso, White and Foster, original sponsors)
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[Passed March 9, 2006; to take effect September 1, 2006.]
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AN ACT 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 state building code, 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) Appropriate building code compliance documentation
attached to a factory-built home shall constitute prima facie
evidence that the products or materials contained therein are
acceptable.
(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
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C. F. R. §60.3(1976) and any applicable statute or rule relating
to building in a flood zone.