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42 U.S.C. § 5402 — Definitions

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

42 U.S.C. § 5402 — Definitions

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Stable record: federal_law:legal_authorities:record_usc_c08535a0ea05d14bfd8d211d
Source file: Laws/federal/codes/united-states-code/title-42/section-5402-definitions--bd7db81087.md
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Source location: Title 42, Chapter 70, § 5402; chapter-070-manufactured-home-construction-and-safety-standards.md

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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 self-propelled recreational vehicle; (7) “Federal manufactured home construction and safety standard” means a reasonable standard for the construction, design, and performance of a manufactured home which meets the needs of the public including the need for quality, durability, and safety; (8) “manufactured home safety” means the performance of a manufactured home in such a manner that the public is protected against any unreasonable risk of the occurrence of accidents due to the design or construction of such manufactured home, or any unreasonable risk of death or injury to the user or to the public if such accidents do occur; (9) “imminent safety hazard” means an imminent and unreasonable risk of death or severe personal injury; (10) “purchaser” means the first person purchasing a manufactured home in good faith for purposes other than resale; (11) “Secretary” means the Secretary of Housing and Urban Development; (12) “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; (13) “United States district courts” means the Federal district courts of the United States and the United States courts of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa; (14) “administering organization” means the recognized, voluntary, private sector, consensus standards body with specific experience in developing model residential building codes and standards involving all disciplines regarding construction and safety that administers the consensus standards through a development process; (15) “consensus committee” means the committee established under [section 5403(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403/a/3&num=0&edition=prelim); (16) “consensus standards development process” means the process by which additions, revisions, and interpretations to the Federal manufactured home construction and safety standards and enforcement regulations shall be developed and recommended to the Secretary by the consensus committee; (17) “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; (18) “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; (19) “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; (20) “monitoring” means the process of periodic review of the primary inspection agencies, by the Secretary or by a State agency under an approved 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), in accordance with regulations promulgated under this chapter, giving due consideration to the recommendations of the consensus committee under [section 5403(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403/b&num=0&edition=prelim), which process shall be for the purpose of ensuring that the primary inspection agencies are discharging their duties under this chapter; and (21) “production inspection primary inspection agency” means a State agency or private organization that has been approved by the Secretary to evaluate the ability of manufactured home manufacturing plants to comply with approved quality control procedures and with the Federal manufactured home construction and safety standards promulgated hereunder, including the inspection of homes in the plant.

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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

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

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

42 U.S.C. § 5422 — State enforcement

**(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

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

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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

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

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

12 U.S.C. § 5532 — Limitations on authorities of the Bureau; preservation of authorities

**(a) Exclusion for merchants, retailers, and other sellers of nonfinancial goods or services** (1) **Sale or brokerage of nonfinancial good or service** — The Bureau may not exercise any rulemaking, supervisory, enforcement or other authority under this title 11 See References in Text note below. with respect to a person who is a merchant, retailer, or seller of any nonfinancial good or service and is engaged in the sale or brokerage of such nonfinancial good or service, except to the extent that such person is engaged in offering or providing any consumer financial product or service, or is otherwise subject to any enumerated consumer law or any law for which authorities are transferred under subtitle F or H. (2) **Offering or provision of certain consumer financial products or services in connection with the sale or brokerage of nonfinancial good or service** (A) *In general* — Except as provided in subparagraph (B), and subject to subparagraph (C), the Bureau may not exercise any rulemaking, supervisory, enforcement, or other authority under this title 1 with respect to a merchant, retailer, or seller of nonfinancial goods or services, but only to the extent that such person— (i) extends credit directly to a consumer, in a case in which the good or service being provided is not itself a consumer financial product or service (other than credit described in this subparagraph), exclusively for the purpose of enabling that consumer to purchase such nonfinancial good or service directly from the merchant, retailer, or seller; (ii) directly, or through an agreement with another person, collects debt arising from credit extended as described in clause (i); or (iii) sells or conveys debt described in clause (i) that is delinquent or otherwise in default.

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 5532

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

42 U.S.C. § 5402 — Definitions

Page 6549 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5402 (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 interpreta- tion of Federal construction and safety stand- ards for manufactured homes and related regu- lations for the enforcement of such standards; (7) to ensure uniform and effective enforce- ment 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 enforce- ment. (Pub. L. 93–383, title VI, § 602, Aug. 22, 1974, 88 Stat. 700; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III, § 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L. 106–569, title VI, § 602, Dec. 27, 2000, 114 Stat. 2997.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–569 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘The Congress declares that the purposes of this chapter are to reduce the number of personal injuries and deaths and the amount of insurance costs and prop- erty damage resulting from manufactured home acci- dents and to improve the quality and durability of manufactured homes. Therefore, the Congress deter- mines that it is necessary to establish Federal con- struction and safety standards for manufactured homes and to authorize manufactured home safety research and development.’’ 1980—Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobi

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5402

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