42 U.S.C. § 5402 : US Code - Section 5402: Definitions

Search 42 U.S.C. § 5402 : US Code - Section 5402: Definitions

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;
(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, 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, 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.