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42 U.S.C. § 5409 — Prohibited acts; exemptions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5409 — Prohibited acts; exemptions

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Source file: Laws/federal/codes/united-states-code/title-42/section-5409-prohibited-acts-exemptions--b9a1e997ab.md
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Source location: Title 42, Chapter 70, § 5409; chapter-070-manufactured-home-construction-and-safety-standards.md

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**(a)** No person shall— (1) make use of any means of transportation or communication affecting interstate or foreign commerce or the mails to manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the United States, any manufactured home which is manufactured on or after the effective date of any applicable Federal manufactured home construction and safety standard under this chapter and which does not comply with such standard, except as provided in subsection (b), where such manufacture, lease, sale, offer for sale or lease, introduction, delivery, or importation affects commerce; (2) fail or refuse to permit access to or copying of records, or fail to make reports or provide information, or fail or refuse to permit entry or inspection, as required under [section 5413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5413&num=0&edition=prelim); (3) fail to furnish notification of any defect as required by [section 5414 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5414&num=0&edition=prelim); (4) fail to issue a certification required by [section 5415 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5415&num=0&edition=prelim), or issue a certification to the effect that a manufactured home conforms to all applicable Federal manufactured home construction and safety standards, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect; (5) fail to comply with a final order issued by the Secretary under this chapter; (6) issue a certification pursuant to subsection (h) of [section 5403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim), if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect; or (7) after the expiration of the period specified in [section 5404(c)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5404/c/2/B&num=0&edition=prelim), fail to comply with the requirements for the installation program required by [section 5404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5404&num=0&edition=prelim) in any State that has not adopted and implemented a State installation program. **(b)** (1) Paragraph (1) of subsection (a) shall not apply to the sale, the offer for sale, or the introduction or delivery for introduction in interstate commerce of any manufactured home after the first purchase of it in good faith for purposes other than resale. (2) For purposes of [section 5410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5410&num=0&edition=prelim), paragraph (1) of subsection (a) shall not apply to any person who establishes that he did not have reason to know in the exercise of due care that such manufactured home is not in conformity with applicable Federal manufactured home construction and safety standards, or to any person who, prior to such first purchase, holds a certificate issued by the manufacturer or importer of such manufactured home to the effect that such manufactured home conforms to all applicable Federal manufactured home construction and safety standards, unless such person knows that such manufactured home does not so conform. (3) A manufactured home offered for importation in violation of paragraph (1) of subsection (a) shall be refused admission into the United States under joint regulations issued by the Secretary of the Treasury and the Secretary, except that the Secretary of the Treasury and the Secretary may, by such regulations, provide for authorizing the importation of such manufactured home into the United States upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to insure that any such manufactured home will be brought into conformity with any applicable Federal manufactured home construction or safety standard prescribed under this chapter, or will be exported from, or forfeited to, the United States. (4) The Secretary of the Treasury and the Secretary may, by joint regulations, permit the importation of any manufactured home after the first purchase of it in good faith for purposes other than resale. (5) Paragraph (1) of subsection (a) shall not apply in the case of a manufactured home intended solely for export, and so labeled or tagged on the manufactured home itself and on the outside of the container, if any, in which it is to be exported. **(c)** Compliance with any Federal manufactured home construction or safety standard issued under this chapter does not exempt any person from any liability under common law.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5413 — Inspections and investigations for promulgation or enforcement of standards or execution of other duties

**(a) Authority of Secretary; results furnished to Attorney General and Secretary of the Treasury for appropriate action** The Secretary is authorized to conduct such inspections and investigations as may be necessary to promulgate or enforce Federal manufactured home construction and safety standards established under this chapter or otherwise to carry out his duties under this chapter. He shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained indicating noncompliance with such standards for appropriate action. **(b) Designation by Secretary of persons to enter and inspect factories, etc.; presentation of credentials; reasonableness and scope of inspection** (1) For purposes of enforcement of this chapter, persons duly designated by the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized— (A) to enter, at reasonable times and without advance notice, any factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held, for sale; and (B) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, any such factory, warehouse, or establishment, and to inspect such books, papers, records, and documents as are set forth in subsection (c). Each such inspection shall be commenced and completed with reasonable promptness. (2) The Secretary is authorized to contract with State and local governments and private inspection organizations to carry out his functions under this subsection. **(c) Powers of Secretary** For the purpose of carrying out the provisions of this chapter, the Secretary is authorized— (1) to hold such hearings, take such testimony, sit and act at such times and places, admin

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5401 — Findings and purposes

**(a) Findings** Congress finds that— (1) manufactured housing plays a vital role in meeting the housing needs of the Nation; and (2) manufactured homes provide a significant resource for affordable homeownership and rental housing accessible to all Americans. **(b) Purposes** The purposes of this chapter are— (1) to protect the quality, durability, safety, and affordability of manufactured homes; (2) to facilitate the availability of affordable manufactured homes and to increase homeownership for all Americans; (3) to provide for the establishment of practical, uniform, and, to the extent possible, performance-based Federal construction standards for manufactured homes; (4) to encourage innovative and cost-effective construction techniques for manufactured homes; (5) to protect residents of manufactured homes with respect to personal injuries and the amount of insurance costs and property damages in manufactured housing, consistent with the other purposes of this section; (6) to establish a balanced consensus process for the development, revision, and interpretation of Federal construction and safety standards for manufactured homes and related regulations for the enforcement of such standards; (7) to ensure uniform and effective enforcement of Federal construction and safety standards for manufactured homes; and (8) to ensure that the public interest in, and need for, affordable manufactured housing is duly considered in all determinations relating to the Federal standards and their enforcement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5401

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5414 — Notification and correction of defects by manufacturer

**(a) Notice to purchaser within reasonable time after discovery of defect** Every manufacturer of manufactured homes shall furnish notification of any defect in any manufactured home produced by such manufacturer which he determines, in good faith, relates to a Federal manufactured home construction or safety standard or contains a defect which constitutes an imminent safety hazard to the purchaser of such manufactured home, within a reasonable time after such manufacturer has discovered such defect. **(b) Notification by mail** The notification required by subsection (a) shall be accomplished— (1) by mail to the first purchaser (not including any retailer or distributor of such manufacturer) of the manufactured home containing the defect, and to any subsequent purchaser to whom any warranty on such manufactured home has been transferred; (2) by mail to any other person who is a registered owner of such manufactured home and whose name and address has been ascertained pursuant to procedures established under subsection (f); and (3) by mail or other more expeditious means to the retailer or retailers of such manufacturer to whom such manufactured home was delivered. **(c) Form and requisites of notification** The notification required by subsection (a) shall contain a clear description of such defect or failure to comply, an evaluation of the risk to manufactured home occupants’ safety reasonably related to such defect, and a statement of the measures needed to repair the defect. The notification shall also inform the owner whether the defect is a construction or safety defect which the manufacturer will have corrected at no cost to the owner of the manufactured home under subsection (g) or otherwise, or is a defect which must be corrected at the expense of the own

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5414

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5415 — Certification by manufacturer of conformity of manufactured home with standards; form and placement of certification

Every manufacturer of manufactured homes shall furnish to the distributor or retailer at the time of delivery of each such manufactured home produced by such manufacturer certification that such manufactured home conforms to all applicable Federal construction and safety standards. Such certification shall be in the form of a label or tag permanently affixed to each such manufactured home.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5403 — Construction and safety standards

**(a) Establishment** (1) **Authority** — The Secretary shall establish, by order, appropriate Federal manufactured home construction and safety standards, each of which— (A) shall— (i) be reasonable and practical; (ii) meet high standards of protection consistent with the purposes of this chapter; and (iii) be performance-based and objectively stated, unless clearly inappropriate; and (B) except as provided in subsection (b), shall be established in accordance with the consensus standards development process. (2) **Consensus standards and regulatory development process** (A) *Initial agreement* — Not later than 180 days after December 27, 2000, the Secretary shall enter into a contract with an administering organization. The contractual agreement shall— (i) terminate on the date on which a contract is entered into under subparagraph (B); and (ii) require the administering organization to— (I) recommend the initial members of the consensus committee under paragraph (3); (II) administer the consensus standards development process until the termination of that agreement; and (III) administer the consensus development and interpretation process for procedural and enforcement regulations and regulations specifying the permissible scope and conduct of monitoring until the termination of that agreement. (B) *Competitively procured contract* — Upon the expiration of the 4-year period beginning on the date on which all members of the consensus committee are appointed under paragraph (3), the Secretary shall, using competitive procedures (as such term is defined in [section 132 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section132&num=0&edition=prelim)), enter into a competitively

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5403

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5410 — Civil and criminal penalties

**(a)** Whoever violates any provision of [section 5409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5409&num=0&edition=prelim), or any regulation or final order issued thereunder, shall be liable to the United States for a civil penalty of not to exceed $1,000 for each such violation. Each violation of a provision of [section 5409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5409&num=0&edition=prelim), or any regulation or order issued thereunder shall constitute, a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1,000,000 for any related series of violations occurring within one year from the date of the first violation. **(b)** An individual or a director, officer, or agent of a corporation who knowingly and willfully violates [section 5409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5409&num=0&edition=prelim) in a manner which threatens the health or safety of any purchaser shall be fined not more than $1,000 or imprisoned not more than one year, or both.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5410

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403/e&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5404

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5409 — Prohibited acts; exemptions

Page 6560 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5409 Editorial Notes AMENDMENTS 1980—Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobile home’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of 180 days fol- lowing Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title. § 5409. Prohibited acts; exemptions (a) No person shall— (1) make use of any means of transportation or communication affecting interstate or for- eign commerce or the mails to manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the United States, any manufactured home which is man- ufactured on or after the effective date of any applicable Federal manufactured home con- struction and safety standard under this chap- ter and which does not comply with such standard, except as provided in subsection (b), where such manufacture, lease, sale, offer for sale or lease, introduction, delivery, or impor- tation affects commerce; (2) fail or refuse to permit access to or copy- ing of records, or fail to make reports or pro- vide information, or fail or refuse to permit entry or inspection, as required under section 5413 of this title; (3) fail to furnish notification of any defect as required by section 5414 of this title; (4) fail to issue a certification required by section 5415 of this title, or issue a certifi- cation to the effect that a manufactured home conforms to all applicable Federal manufac- tured home construction and safety standards, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect; (5) fail to comply with a final order

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