Browse Arkansas Code titles and sections

42 U.S.C. § 5422 — State enforcement

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

42 U.S.C. § 5422 — State enforcement

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5422

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 646a06a540197d48f957a2bd31acd3b25ccd56306ff13d6396a949a8705d6ffa. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_a5c4411d91533fdca13b379a
Source file: Laws/federal/codes/united-states-code/title-42/section-5422-state-enforcement--be7bdd02b5.md
Pages: Not recorded – Not recorded
Passage SHA-256: bc87701635f83fa47178507f02a9d390b45d5d8e92b7e9f35306ec4ca6084d11

Source location: Title 42, Chapter 70, § 5422; chapter-070-manufactured-home-construction-and-safety-standards.md

Stored source content

**(a) Jurisdiction of State agency or court under State law** Nothing in this chapter shall prevent any State agency or court from asserting jurisdiction under State law over any manufactured home construction or safety issue with respect to which no Federal manufactured home construction and safety standard has been established pursuant to the provisions of [section 5403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim). **(b) Assumption of responsibility for enforcement of Federal standards; submission of enforcement plan to Secretary** Any State which, at any time, desires to assume responsibility for enforcement of manufactured home safety and construction standards relating to any issue with respect to which a Federal standard has been established under [section 5403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim), shall submit to the Secretary a State plan for enforcement of such standards. **(c) Criteria for approval of State plan by Secretary** The Secretary shall approve the plan submitted by a State under subsection (b), or any modification thereof, if such plan in his judgment— (1) designates a State agency or agencies as the agency or agencies responsible for administering the plan throughout the State; (2) provides for the enforcement of manufactured home safety and construction standards promulgated under [section 5403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim); (3) provides for a right of entry and inspection of all factories, warehouses, or establishments in such State in which manufactured homes are manufactured and for the review of plans, in a manner which is identical to that provided in [section 5413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5413&num=0&edition=prelim); (4) provides for the imposition of the civil and criminal penalties under [section 5410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5410&num=0&edition=prelim); (5) provides for the notification and correction procedures under [section 5414 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5414&num=0&edition=prelim); (6) provides for the payment of inspection fees by manufacturers in amounts adequate to cover the costs of inspections; (7) contains satisfactory assurances that the State agency or agencies have or will have the legal authority and qualified personnel necessary for the enforcement of such standards; (8) give satisfactory assurances that such State will devote adequate funds to the administration and enforcement of such standards; (9) requires manufacturers, distributors, and retailers in such State to make reports to the Secretary in the same manner and to the same extent as if the State plan were not in effect; (10) provides that the State agency or agencies will make such reports to the Secretary in such form and containing such information as the Secretary shall from time to time require; (11) with respect to any State plan submitted on or after the expiration of the 5-year period beginning on December 27, 2000, provides for an installation program established by State law that meets the requirements of [section 5404(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5404/c/3&num=0&edition=prelim); (12) with respect to any State plan submitted on or after the expiration of the 5-year period beginning on December 27, 2000, provides for a dispute resolution program for the timely resolution of disputes between manufacturers, retailers, and installers of manufactured homes regarding responsibility, and for the issuance of appropriate orders, for the correction or repair of defects in manufactured homes that are reported during the 1-year period beginning on the date of installation; and (13) complies with such other requirements as the Secretary may by regulation prescribe for the enforcement of this chapter. **(d) Notice and hearing prior to rejection by Secretary of State plan** If the Secretary rejects a plan submitted under subsection (b), he shall afford the State submitting the plan due notice and opportunity for a hearing before so doing. **(e) Discretionary enforcement by Secretary of standards in State having approved plan** After the Secretary approves a State plan submitted under subsection (b), he may, but shall not be required to, exercise his authority under this chapter with respect to enforcement of manufactured home construction and safety standards in the State involved. **(f) Annual evaluation by Secretary of execution of State plan; basis of evaluation; submission of evaluation and data to Congress; determination by Secretary of improper administration, etc., of State plan; procedure; effect of determination** The Secretary shall, on the basis of reports submitted by the designated State agency and his own inspections, make a continuing evaluation of the manner in which each State having a plan approved under this section is carrying out such plan. Such evaluation shall be made by the Secretary at least annually for each State, and the results of such evaluation and the inspection reports on which it is based shall be promptly submitted to the appropriate committees of the Congress. Whenever the Secretary finds, after affording due notice and opportunity for a hearing, that in the administration of the State plan there is a failure to comply substantially with any provision of the State plan or that the State plan has become inadequate, he shall notify the State agency or agencies of his withdrawal of approval of such plan. Upon receipt of such notice by such State agency or agencies such plan shall cease to be in effect, but the State may retain jurisdiction in any case commenced before the withdrawal of the plan in order to enforce manufactured home standards under the plan whenever the issues involved do not relate to the reasons for the withdrawal of the plan. **(g) Enforcement of dispute resolution standards** (1) **Establishment of dispute resolution program** — Not later than the expiration of the 5-year period beginning on December 27, 2000, the Secretary shall establish a dispute resolution program that meets the requirements of subsection (c)(12) for dispute resolution in each State described in paragraph (2) of this subsection. The order establishing the dispute resolution program shall be issued after notice and opportunity for public comment in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). (2) **Implementation of dispute resolution program** — Beginning on the expiration of the 5-year period described in paragraph (1), the Secretary shall implement the dispute resolution program established under paragraph (1) in each State that has not established a dispute resolution program that meets the requirements of subsection (c)(12). (3) **Contracting out of implementation** — In carrying out paragraph (2), the Secretary may contract with an appropriate agent to implement the dispute resolution program established under paragraph (2), 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.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5413

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

12 U.S.C. § 1703 — Short title of amendment of 1942

The Act of May 26, 1942, ch. 319, 56 Stat. 301, may be cited as the “National Housing Act Amendments of 1942”.

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1703

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

42 U.S.C. § 5402 — Definitions

As used in this chapter, the term— (1) “manufactured home construction” means all activities relating to the assembly and manufacture of a manufactured home including but not limited to those relating to durability, quality, and safety; (2) “retailer” means any person engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale; (3) “defect” includes any defect in the performance, construction, components, or material of a manufactured home that renders the home or any part thereof not fit for the ordinary use for which it was intended; (4) “distributor” means any person engaged in the sale and distribution of manufactured homes for resale; (5) “manufacturer” means any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes for resale; (6) “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; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under this chapter; and except that such term shall not include any

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5402

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

42 U.S.C. § 5419 — Authority to collect fee

**(a) In general** In carrying out inspections under this chapter, in developing standards and regulations pursuant to [section 5403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim), and in facilitating the acceptance of the affordability and availability of manufactured housing within the Department, the Secretary may— (1) establish and collect from manufactured home manufacturers a reasonable fee, as may be necessary to offset the expenses incurred by the Secretary in connection with carrying out the responsibilities of the Secretary under this chapter, including— (A) conducting inspections and monitoring; (B) providing funding to States for the administration and implementation of approved State plans under [section 5422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5422&num=0&edition=prelim), including reasonable funding for cooperative educational and training programs designed to facilitate uniform enforcement under this chapter, which funds may be paid directly to the States or may be paid or provided to any person or entity designated to receive and disburse such funds by cooperative agreements among participating States, provided that such person or entity is not otherwise an agent of the Secretary under this chapter; (C) providing the funding for a noncareer administrator within the Department to administer the manufactured housing program; (D) providing the funding for salaries and expenses of employees of the Department to carry out the manufactured housing program; (E) administering the consensus committee as set forth in [section 5403 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. § 5419

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

42 U.S.C. § 5420 — Failure to report violations; penalties

Any person, other than an officer or employee of the United States, or a person exercising inspection functions under a State plan pursuant to [section 5422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5422&num=0&edition=prelim), who knowingly and willfully fails to report a violation of any construction or safety standard established under [section 5403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403&num=0&edition=prelim) may be fined up to $1,000 or imprisoned for up to one year, or both.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5420

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.