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

Page 6551 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5403 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 OF 1998 AMENDMENT Pub. L. 105–276, title V, § 599A(b), Oct. 21, 1998, 112 Stat. 2660, provided that: ‘‘The amendment made by this section [amending this section] is made on, and shall apply beginning upon, the date of the enactment of this Act [Oct. 21, 1998].’’ 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. § 5403. Construction and safety standards (a) Establishment (1) Authority The Secretary shall establish, by order, ap- propriate Federal manufactured home con- struction 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 chap- ter; and (iii) be performance-based and objec- tively 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 devel- opment process (A) Initial agreement Not later than 180 days after December 27, 2000, the Secretary shall enter into a con- tract with an administering organization. The contractual agreement shall— (i) terminate on the date on which a con- tract is entered into under subparagraph (B); and (ii) require the administering organiza- tion to— (I) recommend the initial members of the consensus committee under para- graph (3); (II) administer the consensus standards development process until the termi- nation of that agreement; and (III) administer the consensus develop- ment and interpretation process for pro- cedural 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), enter into a competitively awarded contract with an administering organization. The admin- istering organization shall administer the consensus process for the development and interpretation of the Federal standards, the procedural and enforcement regulations, and regulations specifying the permissible scope and conduct of monitoring, in accordance with this chapter. (C) Performance review The Secretary— (i) shall periodically review the perform- ance of the administering organization; and (ii) may replace the administering orga- nization with another qualified technical or building code organization, pursuant to competitive procedures, if the Secretary determines in writing that the admin- istering organization is not fulfilling the terms of the agreement or contract to which the administering organization is subject or upon the expiration of the agreement or contract. (3) Consensus committee (A) Purpose There is established a committee to be known as the ‘‘consensus committee’’, which shall, in accordance with this chapter— (i) provide periodic recommendations to the Secretary to adopt, revise, and inter- pret the Federal manufactured housing construction and safety standards in ac- cordance with this subsection; (ii) provide periodic recommendations to the Secretary to adopt, revise, and inter- pret the procedural and enforcement regu- lations, including regulations specifying the permissible scope and conduct of moni- toring in accordance with subsection (b); (iii) be organized and carry out its busi- ness in a manner that guarantees a fair op- portunity for the expression and consider- ation of various positions and for public participation; and (iv) be deemed to be an advisory com- mittee not composed of Federal employ- ees. (B) Membership The consensus committee shall be com- posed of— (i) twenty-one voting members appointed by the Secretary, after consideration of the recommendations of the administering organization, from among individuals who are qualified by background and experi- ence to participate in the work of the con- sensus committee; and (ii) one nonvoting member appointed by the Secretary to represent the Secretary on the consensus committee. (C) Disapproval The Secretary shall state, in writing, the reasons for failing to appoint any individual recommended under paragraph (2)(A)(ii)(I). (D) Selection procedures and requirements Each member of the consensus committee shall be appointed in accordance with selec- Page 6552 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5403 tion procedures, which shall be based on the procedures for consensus committees pro- mulgated by the American National Stand- ards Institute (or successor organization), except that the American National Stand- ards Institute interest categories shall be modified for purposes of this paragraph to ensure equal representation on the con- sensus committee of the following interest categories: (i) Producers Seven producers or retailers of manufac- tured housing. (ii) Users Seven persons representing consumer in- terests, such as consumer organizations, recognized consumer leaders, and owners who are residents of manufactured homes. (iii) General interest and public officials Seven general interest and public official members. (E) Balancing of interests (i) In general In order to achieve a proper balance of interests on the consensus committee, the Secretary, in appointing the members of the consensus committee— (I) shall ensure that all directly and materially affected interests have the opportunity for fair and equitable par- ticipation without dominance by any single interest; and (II) may reject the appointment of any one or more individuals in order to en- sure that there is not dominance by any single interest. (ii) Dominance defined In this subparagraph, the term ‘‘domi- nance’’ means a position or exercise of dominant authority, leadership, or influ- ence by reason of superior leverage, strength, or representation. (F) Additional qualifications (i) Financial independence No individual appointed under subpara- graph (D)(ii) shall have, and three of the individuals appointed under subparagraph (D)(iii) shall not have— (I) a significant financial interest in any segment of the manufactured hous- ing industry; or (II) a significant relationship to any person engaged in the manufactured housing industry. (ii) Post-employment ban Each individual described in clause (i) shall be subject to a ban disallowing com- pensation from the manufactured housing industry during the period of, and during the 1-year following, the membership of the individual on the consensus com- mittee. (G) Meetings (i) Notice; open to public The consensus committee shall provide advance notice of each meeting of the con- sensus committee to the Secretary and cause to be published in the Federal Reg- ister advance notice of each such meeting. All meetings of the consensus committee shall be open to the public. (ii) Reimbursement Members of the consensus committee in attendance at meetings of the consensus committee shall be reimbursed for their actual expenses as authorized by section 5703 of title 5 for persons employed inter- mittently in Government service. (H) Administration The consensus committee and the admin- istering organization shall— (i) operate in conformance with the pro- cedures established by the American Na- tional Standards Institute for the develop- ment and coordination of American Na- tional Standards; and (ii) apply to the American National Standards Institute and take such other actions as may be necessary to obtain ac- creditation from the American National Standards Institute. (I) Staff and technical support The administering organization shall, upon the request of the consensus com- mittee— (i) provide reasonable staff resources to the consensus committee; and (ii) furnish technical support in a timely manner to any of the interest categories described in subparagraph (D) represented on the consensus committee, if— (I) the support is necessary to ensure the informed participation of the con- sensus committee members; and (II) the costs of providing the support are reasonable. (J) Date of initial appointments The initial appointments of all the mem- bers of the consensus committee shall be completed not later than 90 days after the date on which a contractual agreement under paragraph (2)(A) is entered into with the administering organization. (4) Revisions of standards (A) In general Beginning on the date on which all mem- bers of the consensus committee are ap- pointed under paragraph (3), the consensus committee shall, not less than once during each 2-year period— (i) consider revisions to the Federal manufactured home construction and safe- ty standards; and (ii) submit proposed revised standards, if approved in a vote of the consensus com- mittee by two-thirds of the members, to the Secretary in the form of a proposed rule, including an economic analysis. (B) Publication of proposed revised stand- ards (i) Publication by the Secretary The consensus committee shall provide a proposed revised standard under subpara- Page 6553 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5403 graph (A)(ii) to the Secretary who shall, not later than 30 days after receipt, cause such proposed revised standard to be pub- lished in the Federal Register for notice and comment in accordance with section 553 of title 5. Unless clause (ii) applies, the Secretary shall provide an opportunity for public comment on such proposed revised standard in accordance with such section 553 and any such comments shall be sub- mitted directly to the consensus com- mittee, without delay. (ii) Publication of rejected proposed re- vised standards If the Secretary rejects the proposed re- vised standard, the Secretary shall cause to be published in the Federal Register the rejected proposed revised standard, the reasons for rejection, and any rec- ommended modifications set forth. (C) Presentation of public comments; publi- cation of recommended revisions (i) Presentation Any public comments, views, and objec- tions to a proposed revised standard pub- lished under subparagraph (B) shall be pre- sented by the Secretary to the consensus committee upon their receipt and in the manner received, in accordance with pro- cedures established by the American Na- tional Standards Institute. (ii) Publication by the Secretary The consensus committee shall provide to the Secretary any revision proposed by the consensus committee, which the Sec- retary shall, not later than 30 calendar days after receipt, cause to be published in the Federal Register a notice of the rec- ommended revisions of the consensus com- mittee to the standards, a notice of the submission of the recommended revisions to the Secretary, and a description of the circumstances under which the proposed revised standards could become effective. (iii) Publication of rejected proposed re- vised standards If the Secretary rejects the proposed re- vised standard, the Secretary shall cause to be published in the Federal Register the rejected proposed revised standard, the reasons for rejection, and any rec- ommended modifications set forth. (5) Review by the Secretary (A) In general The Secretary shall either adopt, modify, or reject a standard, as submitted by the consensus committee under paragraph (4)(A). (B) Timing Not later than 12 months after the date on which a standard is submitted to the Sec- retary by the consensus committee, the Sec- retary shall take action regarding such standard under subparagraph (C). (C) Procedures If the Secretary— (i) adopts a standard recommended by the consensus committee, the Secretary shall— (I) issue a final order without further rulemaking; and (II) cause the final order to be pub- lished in the Federal Register; (ii) determines that any standard should be rejected, the Secretary shall— (I) reject the standard; and (II) cause to be published in the Fed- eral Register a notice to that effect, to- gether with the reason or reasons for re- jecting the proposed standard; or (iii) determines that a standard rec- ommended by the consensus committee should be modified, the Secretary shall— (I) cause to be published in the Federal Register the proposed modified standard, together with an explanation of the rea- son or reasons for the determination of the Secretary; and (II) provide an opportunity for public comment in accordance with section 553 of title 5. (D) Final order Any final standard under this paragraph shall become effective pursuant to sub- section (c). (6) Failure to act If the Secretary fails to take final action under paragraph (5) and to cause notice of the action to be published in the Federal Register before the expiration of the 12-month period beginning on the date on which the proposed revised standard is submitted to the Secretary under paragraph (4)(A)— (A) the Secretary shall appear in person before the appropriate housing and appro- priations subcommittees and committees of the House of Representatives and the Senate (referred to in this paragraph as the ‘‘com- mittees’’) on a date or dates to be specified by the committees, but in no event later than 30 days after the expiration of that 12- month period, and shall state before the committees the reasons for failing to take final action as required under paragraph (5); and (B) if the Secretary does not appear in per- son as required under subparagraph (A), the Secretary shall thereafter, and until such time as the Secretary does appear as re- quired under subparagraph (A), be prohibited from expending any funds collected under authority of this title in an amount greater than that collected and expended in the fis- cal year immediately preceding December 27, 2000, indexed for inflation as determined by the Congressional Budget Office. (b) Other orders (1) Regulations The Secretary may issue procedural and en- forcement regulations and revisions to exist- ing regulations as necessary to implement the provisions of this chapter. The consensus com- mittee may submit to the Secretary proposed procedural and enforcement regulations and Page 6554 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5403 recommendations for the revision of such reg- ulations. (2) Interpretative bulletins The Secretary may issue interpretative bul- letins to clarify the meaning of any Federal manufactured home construction and safety standard or procedural and enforcement regu- lation. The consensus committee may submit to the Secretary proposed interpretative bul- letins to clarify the meaning of any Federal manufactured home construction and safety standard or procedural and enforcement regu- lation. (3) Review by consensus committee Before issuing a procedural or enforcement regulation or an interpretative bulletin— (A) the Secretary shall— (i) submit the proposed procedural or en- forcement regulation or interpretative bulletin to the consensus committee; and (ii) provide the consensus committee with a period of 120 days to submit written comments to the Secretary on the pro- posed procedural or enforcement regula- tion or the interpretative bulletin; and (B) if the Secretary rejects any significant comment provided by the consensus com- mittee under subparagraph (A), the Sec- retary shall provide a written explanation of the reasons for the rejection to the con- sensus committee; and (C) following compliance with subpara- graphs (A) and (B), the Secretary shall— (i) cause the proposed regulation or in- terpretative bulletin and the consensus committee’s written comments, along with the Secretary’s response thereto, to be published in the Federal Register; and (ii) provide an opportunity for public comment in accordance with section 553 of title 5. (4) Required action Not later than 120 days after the date on which the Secretary receives a proposed regu- lation or interpretative bulletin submitted by the consensus committee, the Secretary shall— (A) approve the proposal and cause the proposed regulation or interpretative bul- letin to be published for public comment in accordance with section 553 of title 5; or (B) reject the proposed regulation or inter- pretative bulletin and— (i) provide to the consensus committee a written explanation of the reasons for re- jection; and (ii) cause to be published in the Federal Register the rejected proposed regulation or interpretive bulletin, the reasons for re- jection, and any recommended modifica- tions set forth. (5) Authority to act and emergency If the Secretary determines, in writing, that such action is necessary to address an issue on which the Secretary determines that the con- sensus committee has not made a timely rec- ommendation following a request by the Sec- retary, or in order to respond to an emergency that jeopardizes the public health or safety, the Secretary may issue an order that is not developed under the procedures set forth in subsection (a) or in this subsection, if the Sec- retary— (A) provides to the consensus committee a written description and sets forth the rea- sons why action is necessary and all sup- porting documentation; and (B) issues the order after notice and an op- portunity for public comment in accordance with section 553 of title 5, and causes the order to be published in the Federal Reg- ister. (6) Changes Any statement of policies, practices, or pro- cedures relating to construction and safety standards, regulations, inspections, moni- toring, or other enforcement activities that constitutes a statement of general or par- ticular applicability to implement, interpret, or prescribe law or policy by the Secretary is subject to subsection (a) or this subsection. Any change adopted in violation of subsection (a) or this subsection is void. (7) Transition Until the date on which the consensus com- mittee is appointed pursuant to subsection (a)(3), the Secretary may issue proposed or- ders, pursuant to notice and comment in ac- cordance with section 553 of title 5 that are not developed under the procedures set forth in this section for new and revised standards. (c) Effective date of orders establishing stand- ards Each order establishing a Federal manufac- tured home construction and safety standard shall specify the date such standard is to take effect, which shall not be sooner than one hun- dred and eighty days or later than one year after the date such order is issued, unless the Sec- retary finds, for good cause shown, that an ear- lier or later effective date is in the public inter- est, and publishes his reasons for such finding. (d) Supremacy of Federal standards Whenever a Federal manufactured home con- struction and safety standard established under this chapter is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any manufactured home covered, any standard regarding the construction or safety applicable to the same aspect of performance of such manufactured home which is not identical to the Federal manufactured home construction and safety standard. Federal preemption under this subsection shall be broadly and liberally construed to ensure that disparate State or local requirements or standards do not affect the uniformity and comprehensiveness of the standards promulgated under this section nor the Federal superintendence of the manufac- tured housing industry as established by this chapter. Subject to section 5404 of this title, there is reserved to each State the right to es- tablish standards for the stabilizing and support systems of manufactured homes sited within that State, and for the foundations on which Page 6555 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5403 manufactured 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. (e) Considerations in establishing and inter- preting standards and regulations The consensus committee, in recommending standards, regulations, and interpretations, and the Secretary, in establishing standards or regu- lations or issuing interpretations under this sec- tion, shall— (1) consider relevant available manufactured home construction and safety data, including the results of the research, development, test- ing, and evaluation activities conducted pur- suant to this chapter, and those activities con- ducted by private organizations and other gov- ernmental agencies to determine how to best protect the public; (2) consult with such State or interstate agencies (including legislative committees) as he deems appropriate; (3) consider whether any such proposed standard is reasonable for the particular type of manufactured home or for the geographic region for which it is prescribed; (4) consider the probable effect of such standard on the cost of the manufactured home to the public; and (5) consider the extent to which any such standard will contribute to carrying out the purposes of this chapter. (f) Coverage; exclusion The Secretary shall exclude from the coverage of this chapter any structure which the manu- facturer certifies, in a form prescribed by the Secretary, to be: (1) designed only for erection or installation on a site-built permanent foundation; (2) not designed to be moved once so erected or installed; (3) designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a State or local modular building code recog- nized as generally equivalent to building codes for site-built housing, or with minimum prop- erty standards adopted by the Secretary pur- suant to title II of the National Housing Act [12 U.S.C. 1707 et seq.]; and (4) to the manufacturer’s knowledge is not intended to be used other than on a site-built permanent foundation. (g) Manufactured housing construction and safe- ty standards (1) The Federal manufactured home construc- tion and safety standards established by the Secretary under this section shall include pre- emptive energy conservation standards in ac- cordance with this subsection. (2) The energy conservation standards estab- lished under this subsection shall be cost-effec- tive energy conservation performance standards designed to ensure the lowest total of construc- tion and operating costs. (3) The energy conservation standards estab- lished under this subsection shall take into con- sideration the design and factory construction techniques of manufactured homes and shall provide for alternative practices that result in net estimated energy consumption equal to or less than the specified standards. (h) New performance standards for hardboard siding The Secretary shall develop a new standard for hardboard panel siding on manufactured housing taking into account durability, lon- gevity, consumer’s costs for maintenance and any other relevant information pursuant to sub- section (e). The Secretary shall consult with the National Manufactured Home Advisory Council and the National Commission on Manufactured Housing in establishing the new standard. The new performance standard developed shall en- sure the durability of hardboard sidings for at least a normal life of a mortgage with minimum maintenance required. Not later than 180 days from October 28, 1992, the Secretary shall update the standards for hardboard siding. (Pub. L. 93–383, title VI, § 604, Aug. 22, 1974, 88 Stat. 701; Pub. L. 95–128, title IX, § 902(a), Oct. 12, 1977, 91 Stat. 1149; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 98–479, title II, § 204(l), Oct. 17, 1984, 98 Stat. 2233; Pub. L. 100–242, title V, § 568, Feb. 5, 1988, 101 Stat. 1948; Pub. L. 102–550, title IX, § 907, Oct. 28, 1992, 106 Stat. 3873; Pub. L. 106–569, title VI, § 604, Dec. 27, 2000, 114 Stat. 2999.) Editorial Notes REFERENCES IN TEXT The National Housing Act, referred to in subsec. (f)(3), is act June 27, 1934, ch. 847, 48 Stat. 1246. Title II of the National Housing Act is classified principally to subchapter II (§ 1707 et seq.) of chapter 13 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables. CODIFICATION In subsec. (a)(2)(B), ‘‘section 132 of title 41’’ sub- stituted for ‘‘section 4 of the Office of Federal Procure- ment Policy Act’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 2000—Subsec. (a). Pub. L. 106–569, § 604(1), added sub- sec. (a) and struck out former subsec. (a) which read as follows: ‘‘The Secretary, after consultation with the Consumer Product Safety Commission, shall establish by order appropriate Federal manufactured home con- struction and safety standards. Each such Federal man- ufactured home standard shall be reasonable and shall meet the highest standards of protection, taking into account existing State and local laws relating to manu- factured home safety and construction.’’ Subsec. (b). Pub. L. 106–569, § 604(1), added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘All orders issued under this section shall be issued after notice and an opportunity for interested persons to participate are provided in accordance with the pro- visions of section 553 of title 5.’’ Subsec. (d). Pub. L. 106–569, § 604(2), inserted at end ‘‘Federal preemption under this subsection shall be broadly and liberally construed to ensure that dis- parate State or local requirements or standards do not affect the uniformity and comprehensiveness of the standards promulgated under this section nor the Fed- eral superintendence of the manufactured housing in- dustry as established by this chapter. Subject to sec- 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.