Proposed Text
13VAC5-95-10. Definitions.
A. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Act" or "the Act" means the National Manufactured
Housing Construction and Safety Standards Act of 1974, Title VI of the Housing
and Community Development Act of 1974 (42 USC § 5401 et seq.).
"Administrator" means the Director of DHCD or his designee.
"DHCD" means the Virginia Department of Housing and Community Development.
"Dealer" means any person engaged in the sale, lease, or distribution of manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale.
"Defect" means a failure to comply with an applicable federal manufactured home construction and safety standard that renders the manufactured home or any part of the home unfit for the ordinary use of which it was intended, but does not result in an imminent risk of death or severe personal injury to occupants of the affected home.
"Distributor" means any person engaged in the sale and distribution of manufactured homes for resale.
"Federal Act" means the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USC § 5401 et seq.).
"Federal installation standards" means the federal Model Manufactured Home Installation Standards (24 CFR Part 3285).
"Federal regulation regulations" means
the federal Manufactured Home Procedural and Enforcement Regulations,
enacted May 13, 1976, under authority granted by § 625 of the Act, and
designated as Part 3282, Chapter XX, Title 24 of HUD's regulations (24 CFR
Part 3282). (Part 3282 consists of subparts A through L, with sections
numbered 3282.1 through 3282.554, and has an effective date of June 15, 1976.)
"HUD" means the United States Department of Housing and Urban Development.
"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 failure to comply with an applicable federal manufactured home construction or safety standard.
"Installation" means completion of work to include, but not be limited to, stabilizing, supporting, anchoring, and closing-up a manufactured home and joining sections of a multi-section manufactured home, when any such work is governed by the federal installation standards.
"Installer" means the person or entity who is retained to engage in or who engages in the business of directing, supervising, controlling, or correcting the initial installation of a manufactured home.
"Label," or "certification label,"
or "HUD label" means the approved form of certification
label prescribed by the manufacturer that, under 24 CFR 3282.362(c)(2)(i)
of the Manufactured Home Procedural and Enforcement Regulations, is permanently
affixed to each transportable section of each manufactured home manufactured
for sale to a purchaser in the United States federal standards.
"Local code building official" means
the officer or other designated authority charged with the administration and
enforcement of USBC, or duly authorized representative.
"Manufactured home" means a structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family 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.
"Manufacturer" means any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes.
"Noncompliance" means a failure of a manufactured home to comply with a federal manufactured home construction or safety standard that does not constitute a defect, serious defect, or imminent safety hazard.
"Purchaser" means the first person purchasing a manufactured home in good faith for purposes other than resale.
"Secretary" means the Secretary of HUD.
"Serious defect" means any failure to comply with an applicable federal manufactured home construction and safety standard that renders the manufactured home or any part thereof 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.
"Standards" or "federal standards" means the federal Manufactured Home Construction and Safety Standards (24 CFR Part 3280) adopted by HUD, in accordance with authority in the Federal Act. The standards were enacted December 18, 1975, and amended May 11, 1976, to become effective June 15, 1976.
"State administrative agency" or "SAA" means DHCD which is responsible for the administration and enforcement of Chapter 4.1 (§ 36-85.2 et seq.) of Title 36 of the Code of Virginia throughout Virginia and of the plan authorized by § 36-85.5 of the Code of Virginia.
"USBC" means the Virginia Uniform Statewide Building Code (13VAC5-63).
B. Terms defined within the federal regulations and federal standards shall have the same meanings in this chapter.
13VAC5-95-20. Application and enforcement.
A. This chapter shall apply to manufactured homes as defined
in 13VAC5-95-10 and 13VAC5-95-20 as set out in this section.
B. Enforcement of this chapter shall be in accordance with the
federal regulation regulations.
C. Manufactured homes produced on or after June 15, 1976, shall conform to all the requirements of the federal standards, as amended.
D. DHCD is delegated all lawful authority for the enforcement
of the federal standards pertaining to manufactured homes by the administrator
according to § 36-85.5 of the Code of Virginia. The Division of Building and
Fire Regulation of DHCD is designated as a state administrative agency in the
HUD enforcement program, and shall act as an agent of HUD. The administrator is
authorized to perform the activities required of an SAA by the HUD enforcement
plan including, but not limited to, investigation, citation of violations,
handling of complaints, conducting hearings, supervising remedial actions,
monitoring, and making such reports as may be required, and seeking
enforcement of the civil and criminal penalties established by § 36-85.12 of
the Code of Virginia.
E. All In accordance with § 36-85.11 of the Code of
Virginia, all local code building officials are authorized by
§ 36-85.11 of the Code of Virginia to and shall enforce the
provisions of this chapter within the limits of their jurisdiction. Such
local code officials shall enforce this chapter, subject to the general
oversight of the Division of Building and Fire Regulation and shall not permit
the use of any manufactured home containing a serious defect or imminent safety
hazard within their jurisdiction. and shall be responsible for the
following:
1. Verify through inspection that a manufactured home displays the required HUD label and data plate;
2. Determine whether the manufactured home has been damaged during transit. If the manufactured home has been damaged, then the local building official is authorized to require tests, in accordance with the federal standards, for tightness of plumbing systems and gas piping and an operational test to ensure that all luminaries and receptacles are operable. If a manufactured home has sustained damage to the structural components, the local building official shall require the appropriate design approval primary inspection agency approval on any repairs or designs;
3. Prevent the use of a manufactured home that in the opinion of the local building official contains a serious defect or imminent safety hazard, and notify the administrator immediately;
4. Notify the administrator of any apparent violations of this chapter, to include defects and noncompliance that occurred during the manufacturing process and any alterations that occurred during installation; and
5. Verify through inspection that the installation is in accordance with the federal installation standards. Where the local building official finds that the installation of the manufactured home is not in accordance with the federal installation standards, the local building official shall order the home to be brought into compliance within a reasonable time. If the order is not complied with, then the local building official shall notify the administrator.
F. Mounting and anchoring of In accordance with § 36-85.11
of the Code of Virginia, site preparation, utility connection, and skirting
installation for manufactured homes shall be in accordance with the
applicable requirements of the USBC.
13VAC5-95-30. Effect of label.
A. In accordance with § 36-85.11 of the Code of
Virginia, manufactured homes displaying the certification label as prescribed
in the federal standards shall be accepted in all localities as meeting the requirements
of the Manufactured Housing Construction and Safety Standards Law (Chapter 4.1
(§ 36-85.2 et seq.) of Title 36 of the Code of Virginia), which shall supersede
the building codes of the counties, municipalities, and state agencies. In
addition, as a requirement of this chapter, local code officials shall carry
out the following functions with respect to manufactured homes displaying the
HUD label, provided such functions do not involve disassembly of the homes or
parts of the homes, change of design, or result in the imposition of more
stringent conditions than those required by the federal regulations.
1. Verify through inspection that the manufactured home has
not been damaged in transit to a degree that would render it unsafe. If the
manufactured home has been damaged, then the local code official is authorized
to require tests for tightness of plumbing systems and gas piping, and
electrical short circuits at meter connections.
2. Verify through inspection that (i) supplemental
components required by the manufacturer's installation instructions or this
chapter are properly provided, (ii) manufacturer's installation or erection
instructions are followed, and (iii) any special conditions or limitations of
use stipulated by the manufacturer's installation instructions or the label in
accordance with the standards or this chapter are followed.
B. Local code officials are required by the USBC to enforce
applicable requirements of the USBC for utility connections, site preparation,
foundations, stoops, decks, porches, alterations and additions to existing
manufactured homes, building permits, skirting, certificates of use and
occupancy, and all other applicable requirements, except those governing the
design and construction of the labeled units. In addition, local code officials
shall verify that a manufactured home displays the required HUD label.
13VAC5-95-40. Report to DHCD. (Repealed.)
Whenever any manufactured home is moved from a local
jurisdiction before a noted violation has been corrected, the local code
official shall make a prompt report of the circumstances to the administrator.
The report shall include a list of uncorrected violations, all information
pertinent to identification and manufacture of the home contained on the label
and the data plate, the destination of the home if known, and the name of the
party responsible for moving it.
13VAC5-95-50. Alterations.
A. No distributor, installer, or dealer shall perform
or cause to be performed any alteration affecting one or more requirements set
forth in the federal standards, except those alterations approved by the
administrator unless the alteration is included in the manufacturer's
design approval primary inspection agency's approved design and installation
instructions.
B. In handling and approving dealer requests for
alterations, the administrator may be assisted by local code officials. The
local code official shall report violations of subsection A of this section and
failures to conform to the terms of their approval to the administrator. In
accordance with § 36-99 of the Code of Virginia and the USBC, alterations,
additions, and repairs associated with existing manufactured homes are subject
to applicable provisions of the USBC and not this chapter.
13VAC5-95-60. Installations.
Distributors, installers, or dealers installing or
setting up a manufactured home shall perform such installation in accordance
with the manufacturer's installation instructions or other support and anchoring
system approved by the local code official in accordance with the USBC.
13VAC5-95-70. Prohibited resale. (Repealed.)
No distributor or dealer shall offer for resale any
manufactured home possessing a serious defect or imminent safety hazard.
13VAC5-95-80. Lot inspections.
At any time during regular business hours when a manufactured
home is located on a dealer's or distributor's lot and offered for sale, the
administrator shall have authority to inspect such home for transit damages, seal
tampering, violations of the federal regulations and federal standards,
and the dealer's or distributor's compliance with applicable state and federal laws
law and regulations regulation. The administrator shall
give written notice to the dealer or distributor when any home inspected does
not comply with the federal regulations and federal standards or this
chapter.
13VAC5-95-90. Consumer complaints; on-site inspections.
A. The administrator shall receive all consumer complaints on
manufactured homes reported to DHCD by owners, dealers, distributors, code
local building officials, and other state or federal agencies. The
administrator may request such reports all consumer complaints to
be submitted by letter or on a report form supplied by DHCD or in
another format acceptable by the administrator.
B. The administrator may conduct, or cause to be conducted, an on-site inspection of a manufactured home at the request of the owner reporting a complaint with the home or under the following conditions with the permission of the owner of the home:
1. The dealer, distributor, or manufacturer requests an on-site inspection;
2. The reported complaint indicates extensive and serious noncompliances;
3. Consumer complaints lead the administrator to suspect that a class of homes may be similarly affected; or
4. Review of manufacturer's records, corrective action, and consumer complaint records leads the administrator to suspect secondary or associated noncompliances may also exist in a class of homes.
C. When conducting an on-site inspection of a home involving a consumer complaint, the administrator may request the dealer, distributor, and manufacturer of the home to have a representative present to coordinate the inspection and investigation of the consumer complaint.
D. After reviewing the complaint report or the on-site inspection of the home involved, the administrator shall, where possible, indicate the cause of any nonconformance and, where possible, indicate the responsibility of the manufacturer, dealer, distributor, or owner for the noncompliance and any corrective action necessary.
E. The administrator shall refer to notify the
manufacturer of the home, in writing, of any consumer
complaint concerning that home reported to the administrator. The administrator
may shall refer any such reported complaint to HUD, to the SAA in
the state where the manufacturer is located, and, as necessary,
to the inspection agency involved with certifying the home.
F. The administrator shall assist the owner, dealer,
distributor, installer, and manufacturer in resolving consumer
complaints. The administrator shall monitor the manufacturer's performance
to assure compliance with Subpart I of the federal regulations for consumer
complaint handling and shall take such actions as are necessary to assure
compliance of all involved parties with applicable state and federal
regulations.
G. The administrator shall monitor the manufacturer's performance to assure compliance with Subpart I (24 CFR 3282.401 et seq.) of the federal regulations for consumer complaint handling and shall take such actions as are necessary to ensure compliance of all involved parties with applicable state and federal regulation.
13VAC5-95-100. Violation; appeal; penalty.
A. Where the administrator finds any violation of the
provisions of this chapter, a notice of violation shall be issued. This notice of
violation shall order the party responsible to bring the unit into compliance,
within a reasonable time.
B. Parties aggrieved by the findings of the notice of
violation may appeal to the State Building Code Technical Review Board, which
shall act on the appeal in accordance with the provisions of the USBC. The
aggrieved party shall file the appeal within 10 days of the receipt of the
notice of violation. Unless the notice of violation is revoked by the review
board, the aggrieved party must comply with the stipulations of the notice of
violation.
C. Any person, firm or corporation violating any provisions
of this chapter shall, upon conviction, be considered guilty of a misdemeanor
in accordance with § 36-85.12 of the Code of Virginia. In accordance with
§ 36-85.12 of the Code of Virginia, it shall be unlawful for any person,
firm, or corporation to violate any provisions of Chapter 4.1 (§ 36-85.2
et seq.) of Title 36 of the Code of Virginia, this chapter, or the Federal Act
and regulations. Any person, firm, or corporation violating any provision of
said laws, rules, and regulations, or any final order issued thereunder, shall
be liable for a civil penalty not to exceed $1,000 for each violation. Each
violation shall constitute a separate violation with respect to each
manufactured home or with respect to each failure or refusal to allow or to
perform an act required by the legislation or regulations. The maximum civil
penalty may not exceed $1 million for any related series of violations
occurring within one year from the date of the first violation.
An individual or a director, officer, or agent of a corporation who knowingly and willfully violates Section 610 (42 USC § 5409) of the Federal Act in a manner that threatens the health or safety of any purchaser shall be deemed guilty of a Class 1 misdemeanor and upon conviction fined not more than $1,000 or imprisoned not more than one year, or both.
FORMS (13VAC5-95)