W. Va. Code R. § 42-19-10B

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 42-19-10B - Consumer Installation of a Manufactured Home; Installation Deficiencies

10B.1.

10B.1.1. To ensure compliance with federal standards, manufactured homes should be installed by a licensed dealer or installer. However, every consumer has the right to personally install or independently hire a licensed dealer or installer for installation of his or her manufactured home: Provided, That if a consumer so chooses, the consumer is responsible for any consequences resulting from the consumer's installation: Provided, however, That this section applies only to those transactions in which the consumer agrees in writing to assume responsibility for part of the manufactured home installation.

10B.1.2. Only a licensed dealer or installer shall conduct the installation aspects of the manufactured home placement evaluation and the level and trim of the manufactured home due to safety concerns and the technical expertise required.

10B.2.

10B.2.1. Prior to the execution of a written agreement for the purchase of a manufactured home or prior to the date of installation, a licensed dealer or installer shall inform each consumer of the following:

10B.2.1.a. The risks of improper installation of the manufactured home, including, but not limited to, the impact upon the manufacturer's warranty, decreased performance of the manufactured home, and other relevant concerns known to the dealer or installer, and matters which make time of the essence in completing the consumer's assumed responsibilities;

10B.2.1.b. The installation standards for a new or used manufactured home specified in section 10A of this rule;

10B.2.1.c. The requirement that all parties, other than the consumer, who engage in installation of manufactured homes be licensed pursuant to the Act; and

10B.2.1.d. The dealer or installer will conduct an on-site review for all aspects of installation for which the consumer assumed responsibility as prescribed in 10B.6 of this rule.

10B.2.2. The licensed dealer or installer may inform the consumer of the information specified in 10B.2.1 of this section in any appropriate manner, including, but not limited to, through brochures, manuals, illustrations, videos, written correspondence, or oral communication.

10B.3. If the consumer agrees to assume all or part of the responsibility of installation of his or her manufactured home, the licensed dealer or installer and the consumer shall execute a written agreement that specifies each party's installation responsibilities.

10B.4. A licensed dealer or installer shall conduct an initial home placement evaluation to determine accessibility to the site, feasibility of the chosen method of installation and the applicable installation standards as specified in section 10A of this rule, whether the site can be improved to assure proper water drainage and proper soil compaction.

10B.4.1. A licensed dealer or installer shall conduct the initial home placement evaluation in accordance with the Initial Home Placement Evaluation form prescribed by the Division and available from the Division's website (labor.wv.gov).

10B.4.2. The licensed dealer or installer shall document all findings of the evaluation on the Initial Home Placement Evaluation form, provide the consumer with a copy, and maintain a copy as a record of the findings.

10B.5. Where the consumer has assumed the responsibility for installation of the support system or for site preparation that cannot be performed after the manufactured home is leveled, the licensed dealer or installer shall review such aspects of installation to determine compliance with the applicable installation standards as specified in section 10A of this rule.

10B.5.1. The licensed dealer or installer shall conduct the review in accordance with the Consumer Site Preparation Evaluation form prescribed by the Division and available from the Division's website (labor.wv.gov).

10B.5.2. The licensed dealer or installer shall document all findings of the review on the Consumer Site Preparation Evaluation form, provide the consumer with a copy, and maintain a copy as a record of the findings.

10B.6. A licensed dealer or installer shall conduct an on-site review in all instances for which the consumer has assumed all or part of the responsibilities for the manufactured home's installation, as defined in subsection 3.24 of this rule.

10B.6.1. A licensed dealer or installer shall conduct the on-site review not less than 60 days nor more than 180 days after the date of execution of the written agreement for the purchase or installation of the manufactured home or after the delivery date of the manufactured home to the consumer.

10B.6.2. A licensed dealer or installer shall conduct the on-site review in accordance with the Dealer/Installer On-Site Review form prescribed by the Division and available from the Division's website (labor.wv.gov) which identifies all aspects of installation, as defined in subsection 3.24 of this rule.

10B.6.3. The licensed dealer or installer shall evaluate all aspects of installation for which the consumer assumed responsibility and document any deficiencies in the installation on the On-Site Review form. If deficiencies are found, the dealer or installer shall provide the consumer with a copy of the completed Dealer/Installer On-Site Review form and, in accordance with 10B.7 of this section, written notice to the consumer of the potential risks associated with the consumer's failure to properly comply with his or her assumed installation responsibilities.

10B.6.4. The licensed dealer or installer conducting the on-site review and the consumer shall sign and date the On-Site Review form at the time of the review's conclusion.

10B.6.5. The licensed dealer or installer shall maintain a copy of the completed Dealer/Installer On-Site Review form for a period of not less than five years.

10B.7.

10B.7.1. If a licensed dealer or installer finds a deficiency while conducting an on-site review in accordance with 10B.6 of this section, the dealer or installer shall document the deficiency in the Dealer/Installer On-Site Review form as prescribed in 10B.6.3 of this section.

10B.7.1.a. The licensed dealer or installer shall provide a copy of the completed Dealer/Installer On-Site Review form containing the documented deficiencies found to the consumer who assumed responsibility for all or part of the installation of the manufactured home.

10B.7.1.b. The licensed dealer or installer shall also provide notice to the consumer of the potential risks associated with the consumer's failure to comply with his or her assumed installation responsibilities on a form prescribed by the Division and available from the Division's website (labor.wv.gov).

10B.7.1.c. The licensed dealer or installer shall attach The Dealer/Installer Consumer Installation Deficiency Notice form to the Dealer/Installer On-Site Review form and provide a copy of the completed forms to the consumer.

10B.7.2. All provisions of this section also apply to a licensed installer who contracts with a consumer to install part of the manufactured home.

W. Va. Code R. § 42-19-10B