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 issue an order establishing initial Federal manufactured home construction and safety standards not later than one year after August 22, 1974.’’ Subsec. (h). Pub. L. 106–569, § 604(7), redesignated sub- sec. (j) as (h). Former subsec. (h) redesignated (f). Subsec. (i). Pub. L. 106–569, § 604(7), redesignated sub- sec. (i) as (g). Subsec. (j). Pub. L. 106–569, § 604(6), (7), substituted ‘‘subsection (e)’’ for ‘‘subsection (f)’’ and redesignated subsec. (j) as (h). 1992—Subsec. (j). Pub. L. 102–550 added subsec. (j). 1988—Subsec. (i). Pub. L. 100–242 added subsec. (i). 1984—Subsec. (e). Pub. L. 98–479 substituted ‘‘that’’ for ‘‘than’’ before ‘‘an earlier or later date’’. 1980—Subsecs. (a), (c) to (g). Pub. L. 96–399 substituted ‘‘manufactured home’’ for ‘‘mobile home’’ wherever ap- pearing. 1977—Subsec. (h). Pub. L. 95–128 added subsec. (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–569 effective Dec. 27, 2000, except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of Pub. L. 106–569, set out as a note under section 5401 of this title. 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. EXCEPTION TO FEDERAL PREEMPTION FOR THERMAL INSULATION AND ENERGY EFFICIENCY STANDARDS Pub. L. 102–486, title I, § 104(c), Oct. 24, 1992, 106 Stat. 2792, provided that: ‘‘If the Secretary of Housing and Urban Development has not issued, within 1 year after the date of the enactment of this Act [Oct. 24, 1992], final regulations pursuant to section 604 of the Na- tional Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403) that establish thermal insulation and energy efficiency standards for manufactured housing that take effect before January 1, 1995, then States may establish thermal insulation and energy efficiency standards for manufactured hous- ing if such standards are at least as stringent as ther- mal performance standards for manufactured housing contained in the Second Public Review Draft of BSR/ ASHRAE 90.2P entitled ‘Energy Efficient Design of Low-Rise Residential Buildings’ and all public reviews of Independent Substantive Changes to such document that have been approved on or before the date of the en- actment of this Act.’’ § 5404. Manufactured home installation (a) Provision of installation design and instruc- tions A manufacturer shall provide with each manu- factured home, design and instructions for the installation of the manufactured home that have been approved by a design approval pri- mary inspection agency. After establishment of model standards under subsection (b)(2), a de- sign approval primary inspection agency may not give such approval unless a design and in- struction provides equal or greater protection than the protection provided under such model standards. (b) Model manufactured home installation stand- ards (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 com- pleted, the consensus committee shall develop and submit to the Secretary proposed model manufactured home installation standards, which shall, to the maximum extent prac- ticable, taking into account the factors de- scribed in section 5403(e) of this title, be con- sistent with— (A) the manufactured home designs that have been approved by a design approval pri- mary inspection agency; and (B) the designs and instructions for the in- stallation 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 installa- tion 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 pri- mary inspection agency; and (B) the designs and instructions for the in- stallation of manufactured homes provided by manufacturers under subsection (a). (3) Factors for consideration (A) Consensus committee In developing the proposed model stand- ards under paragraph (1), the consensus com- mittee 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 sec- tion 5403(e) of this title. Page 6557 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5405 (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 resi- dents during initial period During the 5-year period beginning on De- cember 27, 2000, no State or manufacturer may establish or implement any installation stand- ards that, in the determination of the Sec- retary, provide less protection to the residents of manufactured homes than the protection provided by the installation standards in ef- fect with respect to the State or manufac- turer, 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 Sec- retary shall establish an installation pro- gram that meets the requirements of para- graph (3) for the enforcement of installation standards in each State described in sub- paragraph (B) of this paragraph. (B) Implementation of installation program Beginning on the expiration of the 5-year period described in paragraph (1), the Sec- retary shall implement the installation pro- gram established under subparagraph (A) in each State that does not have an installa- tion program established by State law that meets the requirements of paragraph (3). (C) Contracting out of implementation In carrying out subparagraph (B), the Sec- retary may contract with an appropriate agent to implement the installation pro- gram 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 en- tity, that has entered into a contract with the Secretary to implement any other regu- latory program under this chapter. (3) Requirements An installation program meets the require- ments of this paragraph if it is a program reg- ulating the installation of manufactured homes that includes— (A) installation standards that, in the de- termination of the Secretary, provide pro- tection to the residents of manufactured homes that equals or exceeds the protection provided to those residents by— (i) the model manufactured home instal- lation standards established by the Sec- retary under subsection (b)(2); or (ii) the designs and instructions provided by manufacturers under subsection (a), if the Secretary determines that such de- signs and instructions provide protection to the residents of manufactured homes that equals or exceeds the protection pro- vided by the model manufactured home in- stallation standards established by the Secretary under subsection (b)(2); (B) the training and licensing of manufac- tured home installers; and (C) inspection of the installation of manu- factured homes. (Pub. L. 93–383, title VI, § 605, Aug. 22, 1974, 88 Stat. 702; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 106–569, title VI, § 605(a), Dec. 27, 2000, 114 Stat. 3006.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–569 amended section catchline and text generally, substituting provisions relating to man- ufactured home installation for provisions relating to National Manufactured Home Advisory Council. 1980—Subsecs. (a) to (c). Pub. L. 96–399 substituted ‘‘Manufactured Home’’ for ‘‘Mobile Home’’ and ‘‘manu- factured home’’ for ‘‘mobile home’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–569 effective Dec. 27, 2000, except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of Pub. L. 106–569, set out as a note under section 5401 of this title. 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. § 5405. Judicial review of orders establishing standards; petition; additional evidence be- fore Secretary; certified copy of transcript (a)(1) In a case of actual controversy as to the validity of any order under section 5403 of this title, any person who may be adversely affected by such order when it is effective may at any time prior to the sixtieth day after such order is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of busi- ness, for judicial review of such order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Sec- retary based his order, as provided in section 2112 of title 28. (2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such addi- tional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Sec- retary, the court may order such additional evi- dence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced upon the hearing, in such manner and upon such terms and conditions as to the court may seem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his rec- ommendation, if any, for the modification or setting aside of his original order, with the re- turn of such additional evidence.