36-156.1 - Definitions.
§ 36-156.1. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Authority" means the Virginia Resources Authority.
"Bona fide prospective purchaser" means a person who acquires ownership, orproposes to acquire ownership, of real property affected by defective drywall.
"Cost," as applied to any project financed under the provisions of thischapter, means the reasonable and necessary costs incurred for carrying outall works and undertakings necessary or incident to the correction orelimination of defective drywall. It includes, without limitation, allnecessary developmental, planning, and feasibility studies, surveys, plans,and specifications; architectural, engineering, financial, legal, or otherspecial services; site assessments, remediation, containment, and demolitionor removal of existing structures or portions thereof; the discharge of anyobligation of the seller of such land, buildings, or improvements; labor;materials, machinery, and equipment; the funding of accounts and reservesthat the Authority may require; the reasonable costs of financing incurred bythe local government in the course of the development of the project;carrying charges incurred prior to completion of the project; and the cost ofother items that the Authority determines to be reasonable and necessary.
"Defective drywall" means drywall installed during new construction orrenovation that occurred between 2001 and 2008, where there is visualevidence of the blackening of copper electrical wiring or air conditioningevaporator coils (or documentation of the replacement of evaporator coils dueto blackened corrosion resulting in failure), and where two or more pieces ofcorroborating evidence are present in the form of defective conditions asdemonstrated by testing procedures recommended by the Consumer ProductsSafety Commission, confirmed markings of the Chinese origin of the drywall,or strontium levels from drywall core samples from the property exceeding1200 parts per million (ppm); elemental sulfur levels in samples of drywallcore found in the home exceeding 10 ppm; elevated levels of hydrogen sulfide,carbonyl sulfide, or carbon disulfide emitted from samples of drywall fromthe home when placed in test chambers using ASTM Standard Test MethodD5504-08 or similar chamber or headspace testing; or the corrosion of coppermetal to form copper sulfide when copper is placed in test chambers withdrywall samples taken from the property.
"Department" means the Department of Housing and Community Development.
"Director" means the Director of the Department of Housing and CommunityDevelopment.
"Fund" means the Virginia Defective Drywall Correction and RestorationAssistance Fund.
"Innocent land owner" means a person who holds any title, securityinterest, or any other interest in residential real property and who acquiredthat interest after the installation of defective drywall occurred.
"Local government" means any county, city, town, municipal corporation,authority, district, commission, or political subdivision of the Commonwealthcreated by the General Assembly or otherwise created pursuant to the laws ofthe Commonwealth or any combination of the foregoing.
(2010, c. 820.)