West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-5 - Permits and Notices

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				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.