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42 U.S.C. § 5404 — Manufactured home installation

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

42 U.S.C. § 5404 — Manufactured home installation

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Source file: Laws/federal/codes/united-states-code/title-42/section-5404-manufactured-home-installation--780fa41f32.md
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Source location: Title 42, Chapter 70, § 5404; chapter-070-manufactured-home-construction-and-safety-standards.md

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**(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/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). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403/e&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5403/e&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). **(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.

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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

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

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. § 5409 — Prohibited acts; exemptions

**(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.go

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5409

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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

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

42 U.S.C. § 5404 — Manufactured home installation

Page 6556 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5404 tion 5404 of this title, there is reserved to each State the right to establish standards for the stabilizing and support systems of manufactured homes sited within that State, and for the foundations on which manufac- tured homes sited within that State are installed, and the right to enforce compliance with such standards, except that such standards shall be consistent with the purposes of this chapter and shall be consistent with the design of the manufacturer.’’ Subsec. (e). Pub. L. 106–569, § 604(3), (4), redesignated subsec. (f) as (e), inserted heading, substituted ‘‘The consensus committee, in recommending standards, reg- ulations, and interpretations, and the Secretary, in es- tablishing standards or regulations or issuing interpre- tations under this section, shall—’’ for ‘‘In establishing standards under this section, the Secretary shall—’’ in introductory provisions, and struck out former subsec. (e) which read as follows: ‘‘The Secretary may by order amend or revoke any Federal manufactured home con- struction or safety standard established under this sec- tion. Such order shall specify the date on which such amendment or revocation is to take effect, which shall not be sooner than one hundred and eighty days or later than one year from the date the order is issued, unless the Secretary finds, for good cause shown, that an earlier or later date is in the public interest, and publishes his reasons for such finding.’’ Subsec. (f). Pub. L. 106–569, § 604(7), redesignated sub- sec. (h) as (f). Former subsec. (f) redesignated (e). Subsec. (g). Pub. L. 106–569, § 604(5), (7), redesignated subsec. (i) as (g) and struck out former subsec. (g) which read as follows: ‘‘The Secretary shall i

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5404

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