W. Va. Code R. § 42-19-10A
Current through Register Vol. XLI, No. 45, November 8, 2024
Section 42-19-10A - Consumer Manuals; Installation10A.1. The seller shall provide each purchaser of a new manufactured home in this state with a HUD-approved consumer manual for the manufactured home purchased. No manufacturer, dealer, distributor, or contractor may interfere with the distribution of a HUD-approved consumer manual.10A.2.10A.2.1. The initial installation of a new manufactured home installed in this state shall be installed: 10A.2.1.a. In accordance with the home manufacturer's recommendations contained in or accompanying the consumer manual required by 24 C.F.R. Part 3282 and this section: Provided, That such recommendations equal or exceed the protections provided by the Manufactured Home Installation Standards, 24 C.F.R. Part 3285 ; or10A.2.1.b. In accordance with a competent alternate design certified in writing by a registered professional engineer and/or architect prior to installation: Provided, That such alternate design is drawn and sealed by a registered professional engineer and/or architect and certified to be consistent with the home design, in compliance with federal standards and the Act, and approved by the manufacturer and the DAPIA pursuant to 24 C.F.R. § 3285.2; or10A.2.1.c. In accordance with the Manufactured Home Installation Standards, 24 C.F.R. Part 3285.10A.2.2. A used manufactured home installed in this state shall be installed: 10A.2.2.a. In accordance with the home manufacturer's recommendations contained in or accompanying the consumer manual required by 24 C.F.R. Part 3282 and this section: Provided, That such recommendations equal or exceed the protections provided by the Manufactured Home Installation Standards, 24 C.F.R. Part 3285; or10A.2.2.b. In accordance with a competent alternate design certified in writing by a registered professional engineer and/or architect prior to installation: Provided, That such alternate design is drawn and sealed by a registered professional engineer and/or architect and certified to be consistent with the home design, in compliance with federal standards and the Act, and approved by the manufacturer and the DAPIA pursuant to 24 C.F.R. § 3285.2; or10A.2.2.c. In accordance with the recommendations published by the National Fire Protection Association 225 Model Manufactured Home Installation Standard.10A.2.3. If the dealer contracted with the purchaser to install the manufactured home, the dealer shall maintain a written record of which method of installation was used. If the dealer did not contract with the purchaser to install the home, the dealer shall maintain a written record signed by the dealer and purchaser specifying that the purchaser has agreed to make separate arrangements with a licensed installer for installation of the home unless the consumer contracts to install the manufactured home as provided in section 10B of this rule. This written record is not required to be maintained longer than a period of five years.10A.2.4. Installation of a manufactured home as defined in subsection 3.24 of this rule shall only be performed by a licensed dealer or installer or by the consumer as provided in section 10B of this rule.10A.3. Frostline considerations are mandatory for all manufactured home installations in this state. For the purposes of 10A.2 of this section, a frostline shall be determined by local ordinance of a municipality or county. If the installation of the manufactured home in this state is in a municipality or county that has not provided a specific numerical standard, the frostline may be the designated numerical standard set forth in the consumer manual required by 24 C.F.R. Part 3282, or as determined by a registered professional engineer and/or architect and approved by the Board for the individual site of the manufactured home installation. In the absence of any of these specific designated numerical standards, frostline is as follows:10A.3.1. 30 inches from grade level for all perimeter footings; and10A.3.2. 30 inches from grade level for footings under the I-beams, center piers, and inset blocking piers if a perimeter fascia enclosure is not to be installed: Provided, That the footings may be 12 inches from grade level for footings under the I-beams, center piers, and inset blocking piers if a perimeter fascia enclosure and vapor barrier are installed:10A.3.2.a. within 21 days of the home installation if the home is installed between November 1 and March 30; or10A.3.2.b. before November 1 for homes installed after March 30.W. Va. Code R. § 42-19-10A