42 USC 5404 – Manufactured home installation
(a) Provision of installation design and instructions
A manufacturer shall provide with each manufactured home, design and instructions for the installation of the manufactured home that have been approved by a design approval primary inspection agency. After establishment of model standards under subsection (b)(2), a design approval primary inspection agency may not give such approval unless a design and instruction provides equal or greater protection than the protection provided under such model standards.
(b) Model manufactured home installation standards
(1) Proposed model standards
Not later than 18 months after the date on which the initial appointments of all the members of the consensus committee are completed, the consensus committee shall develop and submit to the Secretary proposed model manufactured home installation standards, which shall, to the maximum extent practicable, taking into account the factors described in section 5403(e) of this title, be consistent with—
(A) the manufactured home designs that have been approved by a design approval primary inspection agency; and
(B) the designs and instructions for the installation of manufactured homes provided by manufacturers under subsection (a).
(2) Establishment of model standards
Not later than 12 months after receiving the proposed model standards submitted under paragraph (1), the Secretary shall develop and establish model manufactured home installation standards, which shall, to the maximum extent practicable, taking into account the factors described in section 5403(e) of this title, be consistent with—
(A) the manufactured home designs that have been approved by a design approval primary inspection agency; and
(B) the designs and instructions for the installation of manufactured homes provided by manufacturers under subsection (a).
(3) Factors for consideration
(A) Consensus committee
In developing the proposed model standards under paragraph (1), the consensus committee shall consider the factors described in section 5403(e) of this title.
(B) Secretary
In developing and establishing the model standards under paragraph (2), the Secretary shall consider the factors described in section 5403(e) of this title.
(4) Issuance
The model manufactured home installation standards shall be issued after notice and an opportunity for public comment in accordance with section 553 of title 5.
(c) Manufactured home installation programs
(1) Protection of manufactured housing residents during initial period
During the 5-year period beginning on December 27, 2000, no State or manufacturer may establish or implement any installation standards that, in the determination of the Secretary, provide less protection to the residents of manufactured homes than the protection provided by the installation standards in effect with respect to the State or manufacturer, as applicable, on December 27, 2000.
(2) Installation standards
(A) Establishment of installation program
Not later than the expiration of the 5-year period described in paragraph (1), the Secretary shall establish an installation program that meets the requirements of paragraph (3) for the enforcement of installation standards in each State described in subparagraph (B) of this paragraph.
(B) Implementation of installation program
Beginning on the expiration of the 5-year period described in paragraph (1), the Secretary shall implement the installation program established under subparagraph (A) in each State that does not have an installation program established by State law that meets the requirements of paragraph (3).
(C) Contracting out of implementation
In carrying out subparagraph (B), the Secretary may contract with an appropriate agent to implement the installation program established under that subparagraph, except that such agent shall not be a person or entity other than a government, nor an affiliate or subsidiary of such a person or entity, that has entered into a contract with the Secretary to implement any other regulatory program under this chapter.
(3) Requirements
An installation program meets the requirements of this paragraph if it is a program regulating the installation of manufactured homes that includes—
(A) installation standards that, in the determination of the Secretary, provide protection to the residents of manufactured homes that equals or exceeds the protection provided to those residents by—
(i) the model manufactured home installation standards established by the Secretary under subsection (b)(2); or
(ii) the designs and instructions provided by manufacturers under subsection (a), if the Secretary determines that such designs and instructions provide protection to the residents of manufactured homes that equals or exceeds the protection provided by the model manufactured home installation standards established by the Secretary under subsection (b)(2);
(B) the training and licensing of manufactured home installers; and
(C) inspection of the installation of manufactured homes.
Terms Used In 42 USC 5404
- consensus committee: means the committee established under section 5403(a)(3) of this title. See 42 USC 5402
- Contract: A legal written agreement that becomes binding when signed.
- design approval primary inspection agency: means a State agency or private organization that has been approved by the Secretary to evaluate and either approve or disapprove manufactured home designs and quality control procedures. See 42 USC 5402
- installation standards: means reasonable specifications for the installation of a manufactured home, at the place of occupancy, to ensure proper siting, the joining of all sections of the home, and the installation of stabilization, support, or anchoring systems. See 42 USC 5402
- manufactured home: means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. See 42 USC 5402
- manufacturer: means any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes for resale. See 42 USC 5402
- primary inspection agency: means a State agency or private organization that has been approved by the Secretary to act as a design approval primary inspection agency or a production inspection primary inspection agency, or both. See 42 USC 5402
- Secretary: means the Secretary of Housing and Urban Development. See 42 USC 5402
- State: includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa. See 42 USC 5402