Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 95 - VIRGINIA MANUFACTURED HOME SAFETY REGULATIONS › Section 13VAC5-95-20 - Application and enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				This chapter shall apply to manufactured homes as defined in
				13VAC5-95-10 and as
				set out in this section.
B.
				Enforcement of this chapter shall be in accordance with the federal regulations
				24 CFR 3285, 24 CFR 3286, and 24 CFR 3288.
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
				investigation, citation of violations, handling of complaints, conducting
				hearings, supervising remedial actions, monitoring, 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. In
				accordance with §
									36-85.11
				of the Code of Virginia, all local building officials are authorized to and
				shall enforce the provisions of this chapter within the limits of 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.