Current through Register Vol. XLI, No. 21, May 23, 2024
Section 42-19-3 - DefinitionsIn addition to the definitions in this section, the definitions in W. Va. Code § 21-9-2 are incorporated herein by reference.
3.1. "Act" means the West Virginia Manufactured Housing Construction and Safety Standards Act, W. Va. Code § 21-9-1et seq.3.2. "Advertisement" means any method used by a manufacturer, dealer, distributor, or contractor to promote its business to the general public. If a manufacturer, dealer, distributor, or contractor maintains an internet website, any such advertisement may direct potential customers to its online landing page for a link to the information required.3.3. "Aggrieved consumer" means a consumer qualifying for compensation or repairs from the Recovery Fund, bond, or other financial assurance required in accordance with the Act and this rule.3.4. "Board" means the West Virginia Board of Manufactured Housing Construction and Safety and its authorized representatives.3.5. "Business location" means each physically separate and distinct operation or storage location maintained by a manufacturer, dealer, or distributor of manufactured housing.3.6. "Cease and desist order" means an order issued by the Division of Labor pursuant to the provisions of the Act and this rule to an unlicensed person or entity who performs work for which a license is required or to a licensee who performs work outside of the license's classifications.3.7. "Commissioner" means the Commissioner of the West Virginia Division of Labor and his or her authorized representatives.3.8. "Contested case hearing" means an administrative evidentiary hearing before the Board in which a specific party's rights, interests, privileges, or obligations are determined in accordance with W. Va. Code § 29A-5-1et seq.3.9. "Contractor" or "installer" means any person, including a primary contractor or subcontractor, who performs operations in this state at the occupancy site which render a manufactured home fit for habitation. This definition does not include a person who does work on a manufactured home which is owned or leased by that person. The operations include, without limitation: installation or construction of the foundation, positioning, blocking, leveling, supporting, tying down, connecting utility systems, making minor adjustments, or assembling multiple or expandable units. The operations also include transporting the unit to the occupancy site by other than a motor carrier regulated by the West Virginia Public Service Commission.3.10. "DAPIA" means the Design Approval Primary Inspection Agency specified in the federal standards that is responsible for the evaluation and approval of a manufacturer's home design and its quality assurance manuals.3.11. "Dealer" means any person engaged in business in this state in the sale, accepting on consignment, leasing, or distribution of manufactured homes, primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale. The phrase "engaged in business in this state" includes operating business locations physically within West Virginia and operating business locations physically outside West Virginia when the dealer knows or should know that the manufactured home is to be initially located at an occupancy site in West Virginia.3.12. "Defect" includes any defect in the performance, construction, components, or material of a manufactured home that renders the home or any part of the home not fit for the ordinary use for which it was intended, but which does not result in an unreasonable risk of injury or death to the occupants of the home.3.13. "Distributor" means any person engaged in business in this state in the sale and distribution of manufactured homes for resale. The phrase "engaged in business in this state" includes operating business locations physically within West Virginia and operating business locations physically outside West Virginia when the distributor knows or should know that the manufactured home is to be resold in West Virginia.3.14. "Division" means the West Virginia Division of Labor and its authorized representatives.3.15. "Federal standards" means the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401et seq. and the federal manufactured housing construction and safety standards regulations codified in 24 C.F.R. parts 3280, 3282, 3284, 3285, 3286, 3288, and 3800.3.16. "Final grading and water control" is an aspect of installation that means footing backfill, installing a water vapor barrier, and final grading of the site.3.17. "Home placement evaluation" is an aspect of installation that means a soil compaction test, support system design, and a physical inspection of the site for compliance with all applicable installation standards as specified in section 10A of this rule.3.18. "HUD" means the United States Department of Housing and Urban Development and its Secretary.3.19. "HUD certification label" means the permanently affixed label placed on each manufactured home pursuant to 24 C.F.R. § 3280.11.3.20. "HUD data plate" means the permanently affixed data plate placed on each manufactured home pursuant to 24 C.F.R. § 3280.5.3.21. "Imminent safety hazard" means a hazard that presents an imminent and unreasonable risk of death or severe personal injury that may or may not be related to a failure to comply with an applicable federal standard.3.22. "Informal presentation of views" means the opportunity for a manufacturer, dealer, distributor, or contractor to meet with the Division following a preliminary determination of a possible imminent safety hazard or serious defect or the issuance of a notice of violation.3.23. "Inspections," as used in section 8 of this rule, means and includes evaluations of the following: a manufactured home's site location with respect to the home's design, construction, and specific site conditions; site preparation and grading for drainage; foundation construction; anchorage; completion of ductwork, plumbing, fuel supply, and electrical systems; optional features such as skirting; close-up examination of the home's interior and exterior; and operational checks and adjustments.3.24. "Installation" or "aspect of installation" means the home placement evaluation, site preparation, installation of the support system, leveling and trimming the manufactured home, utility connections, installation of optional accessory items, and final grading and water control.3.25. "Installation of optional accessory items" is an aspect of installation that means installation of fascia/skirting and ventilation.3.26. "Installation of the support system" is an aspect of installation that means installation of footings, piers, foundation walls, or other equivalent support systems.3.27. "IPIA" means the Production Inspection Primary Inspection Agency specified in the federal standards.3.28. "Level and trim the manufactured home" is an aspect of installation that means positioning and leveling the manufactured home on its support system, anchoring the home, close-in, trim and adjustments, and non-electrical cross-over connects.3.29. "Manufacturer" means any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes into this state for resale.3.30. "Manufactured home" means a structure, transportable in one or more sections, which in transport is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term also includes any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certificate which complies with 24 C.F.R. § 3282.13. Calculations used to determine the number of square feet in a structure will be based on the structure's exterior dimensions measured at the largest horizontal projections when erected on site. Unless otherwise stated, all references to a "manufactured home" means a new or used manufactured home.3.31. "Noncompliance" means a failure of a manufactured home to comply with a federal standard that does not constitute a defect, serious defect, or imminent safety hazard.3.32. "Notice of violation" means a notice issued by the Board to a licensee that a violation of the federal standards, the Act, or this rule has occurred which specifies the nature of the alleged violation and the amount of time in which the licensee has to correct or contest the violation.3.33. "Person" means any individual, trust, estate, partnership, firm, corporation, association, or any other legal business entity recognized by this state, including any state or political subdivision.3.34. "Purchaser" or "consumer" means an individual, other than a manufacturer, dealer, distributor, contractor, or transporter, purchasing a manufactured home in good faith for purposes other than resale or contracting for the installation of a manufactured home.3.35. "Recovery Fund" means the State Manufactured Housing Recovery Fund established pursuant to W. Va. Code § 21-9-10 and this rule.3.36. "SAA" means the State Administrative Agency specified in the federal standards.3.37. "Serious defect" means any failure to comply with an applicable federal standard that renders the manufactured home or any part of the manufactured home not fit for the ordinary use for which it was intended and which results in an unreasonable risk of injury or death to occupants of the affected manufactured home.3.38. "Site" or "occupancy site" means the area encompassing the exterior perimeter of the manufactured home plus 10 feet.3.39. "Site preparation" is an aspect of installation that means clearing, providing access to, and rough grading the site.3.40. "State" means the state of West Virginia.3.41. "Support system" means the piers, foundation walls, and other equivalent systems approved in accordance with subsections 10A.2 and 10A.3 of this rule, and their footings, anchorage to the manufactured home, shims, and any combination thereof that, when properly installed, support the manufactured home.3.42. "Transporter" or "transporter only contractor" means a person who, for compensation, transports a manufactured home upon a public road in this state to an occupancy site and who performs no installation work.3.43. "Utility connections" is an aspect of installation that means the connection of utility services, including electric, gas, sewer systems, and water.