Enrolled Version - Final Version
House Bill 4308 History
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Key: Green = existing Code. Red = new code to be enacted
SECOND
ENROLLMENT
H. B. 4308
(By Delegates Leach, Michael, Perdue and Susman)
[Amended and Again Passed March 21, 2004, as a Result of the
Objections of the Governor; in Effect Ninety Days from Passage.]
AN ACT to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5-11A-3a, relating
to providing immunity from civil damages to a worker,
contractor, engineer or architect, who in good faith provides
services or materials, without remuneration, to build or
install certain handicap accessibility features in accordance
with applicable building codes and state and federal laws.
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-3a, to read as
follows:
ARTICLE 11A. WEST VIRGINIA FAIR HOUSING ACT.
§5-11A-3a. Volunteer services or materials to build or install
universal accessibility features; workers,
contractors, engineers, architects; immunity from
civil liability.
Any person, including a worker, contractor, engineer or architect, who in good faith provides services or materials,
without remuneration, to build or install handicap accessible
features as set forth in section five
of this article, may not be
liable for any civil damages as the result of any act or omission
in providing such services or materials: Provided, That the
universal accessible feature or features shall be built or
constructed in accordance with applicable state and federal laws
and applicable building codes
.
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