2015 US Code
Title 42 - The Public Health and Welfare (Sections 1 - 18445)
Chapter 70 - Manufactured Home Construction and Safety Standards (Sections 5401 - 5426)
Sec. 5404 - Manufactured home installation
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 70 - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS Sec. 5404 - Manufactured home installation |
Contains | section 5404 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 88 Stat. 702 94 Stat. 1641 114 Stat. 3006 |
Public and Private Laws | Public Law 93-383, Public Law 96-399, Public Law 106-569 |
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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) of this section, 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 standardsNot 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, 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) of this section.
(2) Establishment of model standardsNot 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, 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) of this section.
(3) Factors for consideration(A) Consensus committeeIn developing the proposed model standards under paragraph (1), the consensus committee shall consider the factors described in section 5403(e) of this title.
(B) SecretaryIn developing and establishing the model standards under paragraph (2), the Secretary shall consider the factors described in section 5403(e) of this title.
(4) IssuanceThe 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 residents during initial periodDuring 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 programNot 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 programBeginning 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 implementationIn 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) RequirementsAn 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) of this section; or
(ii) the designs and instructions provided by manufacturers under subsection (a) of this section, 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) of this section;
(B) the training and licensing of manufactured home installers; and
(C) inspection of the installation of manufactured 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.)
AMENDMENTS2000—Pub. L. 106–569 amended section catchline and text generally, substituting provisions relating to manufactured 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 "manufactured home" for "mobile home" wherever appearing.
EFFECTIVE DATE OF 2000 AMENDMENTAmendment 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.
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