Senate Bill No. 459
(By Senators Prezioso, Hunter, Sharpe, Boley, Rowe and Unger)
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[Introduced February 5, 2004; referred to the Committee on the
Judiciary.]
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A BILL 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 universal accessibility features in accordance
with applicable 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 universal accessibility
features as set forth in section four 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.
NOTE: The purpose of this bill is to provide 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 universal accessibility features. The
universal accessible features must be built in accordance with
applicable state and federal laws.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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