Senate Bill No. 553
(By Senator Prezioso)
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[Introduced March 15, 2005; referred to the Committee
on Government Organization; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact §8A-11-1 of the Code of West Virginia,
1931, as amended, relating to prohibiting local ordinances to
discriminate against factory-built housing.
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 local building code, but excluding any
provisions relating to zoning or land use control, 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.
A factory-built home as defined in section two, article
fifteen, chapter thirty-seven of this code, shall be a permitted
residential use of property for the purposes of zoning and is a
permitted use in zones or districts where single-family dwelling
units or multifamily dwelling units are permitted.
(b)
A certificate from the state director of the federal
housing administration of the department of housing and urban
development shall constitute prima facie evidence that the products
or materials listed therein are acceptable and such certificates
shall be furnished by the building contractor to any local building
inspector or other local housing authority upon request.
A governing body of a municipality or a county, and a planning
commission, cannot discriminate in reqard to housing and cannot
require a factory-built home or its owner, to obtain a conditional
use permit, special use permit, special exception or variance to
locate a factory-built home in a zone or district where single
family dwelling units or multifamily dwelling units are permitted.
(c) The provisions of this section do not exempt any
factory-built home from the structural requirements of any bona
fide historic preservation district that are uniformly applied to
other single family homes in the district.
(d) Notwithstanding any existing provisions of law, municipal or county ordinance, or local 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.
(e) The HUD label attached to a factory-built home shall
constitute prima facie evidence that the products or material
contained therein are acceptable.
NOTE: The purpose of this bill is to prohibit local ordinances
to discriminate against factory-built housing.
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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