Current through Register Vol. XLI, No. 50, December 13, 2024
Section 64-40-5 - Permits and Notices5.1. Construction and installation permits.5.1.a. On and after the date this becomes effective, except for minor repair, a person shall not construct or install a manufactured home community, or any part thereof, in the State of West Virginia, unless he or she possesses a permit issued by the Commissioner in his or her name for that specific construction or installation. The terms construct and install shall be construed to mean and include the terms extend and alter.5.1.b. A permit for the construction or installation of a manufactured home community shall not be issued until an application for a construction or installation permit and detailed plans and specifications of the manufactured home community construction or installation have been submitted to the Commissioner for review and approval. Said application, plans, and specifications shall be submitted to the Commissioner at least forty-five (45) days prior to the date on which the action by that agency is desired.5.1.c. An application for a permit shall be made in writing and submitted to the Commissioner on a form prescribed by the Commissioner, signed by the applicant or his or her authorized agent, and shall contain any information requested by the Commissioner to determine if the manufactured home community construction or installation is in compliance with all applicable provisions of this rule.5.1.d. When upon review of the plans, specifications, and application for a permit, the Commissioner is satisfied that the proposed design, construction or installation of the manufactured home community is satisfactory, he or she shall issue a permit to proceed with that action.5.1.e. The Commissioner shall deny a permit if the information on the application form, plans or specifications is incomplete, inaccurate, false or misleading, or indicates that the application provisions of this rule cannot be met. A permit to construct shall be issued or denied within forty-five (45) days of receipt of the completed application. Reasons for denial shall be in writing.5.1.f. Only a person who complies with all the applicable provisions of this rule is entitled to receive and retain a permit.5.1.g. When a permit has been suspended or revoked, any construction or installation of the manufactured home community shall immediately cease.5.1.h. Permits shall not be transferrable or assignable and automatically become invalid upon a change of ownership or upon suspension or revocation.5.1.i. If the construction or installation activities have not commenced within two (2) years from the date of issuance of a permit, the permit automatically expires.5.1.j. The manufactured home community shall be constructed or installed in accordance with the plans and specifications approved by the Commissioner. Any deviation from the approved original plans or specifications must be submitted in writing to the Commissioner for review, and written approval obtained before such changes are made. The Commissioner shall approve or deny requests for any deviation from plans to construct or install within forty-five (45) days of receipt of the revised application.5.2. Permit to operate. 5.2.a. A person shall not in any manner directly or indirectly conduct, control, manage, maintain, or operate a manufactured home community in the state of West Virginia unless that person has a valid permit issued by the health officer to operate the specific manufactured home community.5.2.b. An application for a permit to operate a manufactured home community shall be made in writing to the health officer on a form prescribed by the Commissioner. The applicant or his or her authorized agent shall sign the application. It shall contain any information requested by the health officer to enable him or her to determine that the facility and its operation is in compliance with the applicable provisions of this rule.5.2.c. The application for a permit shall be made at least fifteen (15) days before the actual or proposed operation of the manufactured home community is to be effected.5.2.d. The health officer shall deny a permit if the information on the application form is incomplete, inaccurate, false, or misleading, or indicates that the applicable provisions of this rule cannot be met.5.2.e. Only persons who comply with the applicable provisions of this rule shall be entitled to receive and retain a permit.5.2.f. Manufactured home communities in operation at the time this rule becomes effective, and meeting all applicable prior rules, are eligible for a permit to operate: Provided, that any construction or installation taking place after the effective date of this rule shall be in compliance with all applicable provisions of this rule.5.2.g. Manufactured home communities put into operation after the date this rule becomes effective shall comply in full with all applicable provisions of this rule.5.2.h. Permits are not transferable or assignable and shall automatically become invalid upon a change of ownership or upon suspension or revocation.5.2.i. A permit to operate expires at midnight on the 31st day of December following the date of issuance.5.2.j. Application for renewal of permit shall be made at least fifteen (15) days prior to expiration date of existing permit.5.2.k. In the event of a change in ownership of a manufactured home community an application for a permit to operate shall be made to the health officer by the person concerned at least fifteen (15) days before the proposed or actual change is affected.5.2.l. A permit may be suspended or revoked by the health officer if it is found that the manufactured home community is maintained or operated in violation of this rule, or any law, rule, or ordinance applicable thereto, or in violation of the conditions stated on the permit.5.2.m. A permit to operate shall not be reinstated until an inspection by the health officer determines that the manufactured home community is in compliance with all applicable provisions of this rule or any orders, rules or instructions issued by the health officer.5.3. Notices. Notwithstanding the other provisions of this rule, whenever the health officer finds at a manufactured home community unsanitary conditions or other conditions that may constitute a potential hazard to public health, he or she may without warning, or hearing, issue a written notice to the operator, citing the conditions, specifying the corrective action to be taken, and the time period in which the action shall be taken. If an imminent health hazard exists, the notice shall state that the permit to operate is immediately suspended.