W. Va. Code R. § 42-19-9

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

Section 42-19-9 - Labeling, Recordkeeping, and Required Quarterly Reports

9.1. The HUD certification label affixed to each transportable section of a manufactured home for sale or lease in the United States is the only label required by the Board. No manufactured home shall be shipped, imported, delivered, distributed, sold, leased, or installed into or in this state without a HUD certification label.

9.2. The HUD data plate affixed to each manufactured home for sale or lease in the United States is the only data plate required by the Board. No manufactured home shall be shipped, imported, delivered, distributed, sold, leased, or installed into or in this state without a HUD data plate.

9.3. No person may remove a HUD certification label or HUD data plate from a manufactured home.

9.4. Each licensed manufacturer shall maintain records of the following for each manufactured home manufactured in this state, or shipped, imported, or delivered to a dealer, distributor, purchaser, or other person in this state:

9.4.1. The information contained on the HUD data plate;

9.4.2. The date the HUD certification label was affixed to the manufactured home; and

9.4.3. The name and address of the dealer, distributor, purchaser, or other person to whom the manufactured home was first shipped, imported, or delivered by the manufacturer.

9.5. Each licensed manufacturer shall report the information specified in 9.4 of this section to the Board on a quarterly basis, covering the periods July 1 to September 30, October 1 to December 31, January 1 to March 31, and April 1 to June 30. These reports are due no later than October 31, January 31, April 30, and July 31, respectively. If no work is performed during a quarterly period, the licensee shall submit the report marked "NO ACTIVITY".

9.6. Each licensed dealer and/or distributor shall maintain records of the following for each manufactured home shipped, imported, or delivered to it by a manufacturer, distributor, dealer, or other person:

9.6.1. The information contained on the HUD data plate;

9.6.2. Whether the manufactured home contains a HUD certification label;

9.6.3. Whether the manufactured home was inspected upon delivery to determine if it was damaged, and whether all furniture, appliances, fixtures, and other devices were in place and operable;

9.6.4. The extent of any damage found upon inspection;

9.6.5. Whether any alterations to the manufactured home were made by the dealer and/or distributor, including any repairs;

9.6.6. The name and address of the purchaser or other person to whom the manufactured home was shipped, imported, delivered, sold, or leased by the dealer and/or distributor; and

9.6.7. The name and license number of each contractor or installer that performed any aspect of installation of a manufactured home sold or leased by the dealer and/or distributor.

9.7. Each licensed dealer and/or distributor shall report the information specified in 9.6 of this section to the Board on a quarterly basis, covering the periods July 1 to September 30, October 1 to December 31, January 1 to March 31, and April 1 to June 30. These reports are due no later than October 31, January 31, April 30, and July 31, respectively. If no work is performed during a quarterly period, the licensee shall submit the report marked "NO ACTIVITY".

9.8. Each licensed contractor shall maintain records of the following for each manufactured home it transports and/or installs in this state:

9.8.1. The information contained on the HUD data plate;

9.8.2. Whether the manufactured home contains a HUD certification label;

9.8.3. The method of transport and/or installation of the manufactured home;

9.8.4. Whether the manufactured home was damaged in any way during transport and/or installation, and the extent of the damage;

9.8.5. Whether any alterations to the manufactured home were made by the contractor, including any repairs; and

9.8.6. The name and address of the purchaser or other person to whom the manufactured home was transported and/or installed.

9.9. When hired by or working directly for a consumer, each licensed contractor shall report the information specified in 9.8 of this section to the Board on a quarterly basis, covering the periods July 1 to September 30, October 1 to December 31, January 1 to March 31, and April 1 to June 30. These reports are due no later than October 31, January 31, April 30, and July 31, respectively. If no work is performed during a quarterly period, the licensee shall submit the report marked "NO ACTIVITY".

9.10. Nothing in this rule shall be construed to excuse or exempt any manufacturer, dealer, distributor, or contractor from complying with any recordkeeping or reporting requirements mandated by the federal standards.

W. Va. Code R. § 42-19-9