42 U.S.C. § 5403 : US Code - Section 5403: Construction and safety standards

Search 42 U.S.C. § 5403 : US Code - Section 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) of this section,
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 403
of title 41), enter into a competitively awarded contract with
an administering organization. The administering 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 performance of the
administering organization; and
(ii) may replace the administering organization with
another qualified technical or building code organization,
pursuant to competitive procedures, if the Secretary
determines in writing that the administering 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 interpret the Federal manufactured housing
construction and safety standards in accordance with this
subsection;
(ii) provide periodic recommendations to the Secretary to
adopt, revise, and interpret the procedural and enforcement
regulations, including regulations specifying the permissible
scope and conduct of monitoring in accordance with subsection
(b) of this section;
(iii) be organized and carry out its business in a manner
that guarantees a fair opportunity for the expression and
consideration of various positions and for public
participation; and
(iv) be deemed to be an advisory committee not composed of
Federal employees.
(B) Membership
The consensus committee shall be composed 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 experience to participate in the
work of the consensus 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 selection procedures, which shall be based on
the procedures for consensus committees promulgated by the
American National Standards Institute (or successor
organization), except that the American National Standards
Institute interest categories shall be modified for purposes of
this paragraph to ensure equal representation on the consensus
committee of the following interest categories:
(i) Producers
Seven producers or retailers of manufactured housing.
(ii) Users
Seven persons representing consumer interests, 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 participation without dominance by any single
interest; and
(II) may reject the appointment of any one or more
individuals in order to ensure that there is not dominance
by any single interest.
(ii) Dominance defined
In this subparagraph, the term "dominance" means a position
or exercise of dominant authority, leadership, or influence
by reason of superior leverage, strength, or representation.
(F) Additional qualifications
(i) Financial independence
No individual appointed under subparagraph (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 housing 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 compensation from the manufactured housing
industry during the period of, and during the 1-year
following, the membership of the individual on the consensus
committee.
(G) Meetings
(i) Notice; open to public
The consensus committee shall provide advance notice of
each meeting of the consensus committee to the Secretary and
cause to be published in the Federal Register 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 intermittently in Government service.
(H) Administration
The consensus committee and the administering organization
shall -
(i) operate in conformance with the procedures established
by the American National Standards Institute for the
development and coordination of American National Standards;
and
(ii) apply to the American National Standards Institute and
take such other actions as may be necessary to obtain
accreditation from the American National Standards Institute.
(I) Staff and technical support
The administering organization shall, upon the request of the
consensus committee -
(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 consensus committee members; and
(II) the costs of providing the support are reasonable.
(J) Date of initial appointments
The initial appointments of all the members 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 members of the consensus
committee are appointed 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 safety standards; and
(ii) submit proposed revised standards, if approved in a
vote of the consensus committee 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 standards
(i) Publication by the Secretary
The consensus committee shall provide a proposed revised
standard under subparagraph (A)(ii) to the Secretary who
shall, not later than 30 days after receipt, cause such
proposed revised standard to be published 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 submitted directly to the
consensus committee, without delay.
(ii) Publication of rejected proposed revised standards
If the Secretary rejects the proposed revised standard, the
Secretary shall cause to be published in the Federal Register
the rejected proposed revised standard, the reasons for
rejection, and any recommended modifications set forth.
(C) Presentation of public comments; publication of recommended
revisions
(i) Presentation
Any public comments, views, and objections to a proposed
revised standard published under subparagraph (B) shall be
presented by the Secretary to the consensus committee upon
their receipt and in the manner received, in accordance with
procedures established by the American National Standards
Institute.
(ii) Publication by the Secretary
The consensus committee shall provide to the Secretary any
revision proposed by the consensus committee, which the
Secretary shall, not later than 30 calendar days after
receipt, cause to be published in the Federal Register a
notice of the recommended revisions of the consensus
committee 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 revised standards
If the Secretary rejects the proposed revised standard, the
Secretary shall cause to be published in the Federal Register
the rejected proposed revised standard, the reasons for
rejection, and any recommended 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 Secretary by the consensus committee, the
Secretary 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 published 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 Federal Register a
notice to that effect, together with the reason or reasons
for rejecting the proposed standard; or
(iii) determines that a standard recommended 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 reason 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 subsection (c) of this section.
(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 appropriations subcommittees and
committees of the House of Representatives and the Senate
(referred to in this paragraph as the "committees") 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 person as required
under subparagraph (A), the Secretary shall thereafter, and
until such time as the Secretary does appear as required 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 fiscal 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 enforcement regulations
and revisions to existing regulations as necessary to implement
the provisions of this chapter. The consensus committee may
submit to the Secretary proposed procedural and enforcement
regulations and recommendations for the revision of such
regulations.
(2) Interpretative bulletins
The Secretary may issue interpretative bulletins to clarify the
meaning of any Federal manufactured home construction and safety
standard or procedural and enforcement regulation. The consensus
committee may submit to the Secretary proposed interpretative
bulletins to clarify the meaning of any Federal manufactured home
construction and safety standard or procedural and enforcement
regulation.
(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 enforcement
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
proposed procedural or enforcement regulation or the
interpretative bulletin; and
(B) if the Secretary rejects any significant comment provided
by the consensus committee under subparagraph (A), the
Secretary shall provide a written explanation of the reasons
for the rejection to the consensus committee; and
(C) following compliance with subparagraphs (A) and (B), the
Secretary shall -
(i) cause the proposed regulation or interpretative
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 regulation or interpretative bulletin
submitted by the consensus committee, the Secretary shall -
(A) approve the proposal and cause the proposed regulation or
interpretative bulletin to be published for public comment in
accordance with section 553 of title 5; or
(B) reject the proposed regulation or interpretative bulletin
and -
(i) provide to the consensus committee a written
explanation of the reasons for rejection; and
(ii) cause to be published in the Federal Register the
rejected proposed regulation or interpretive bulletin, the
reasons for rejection, and any recommended modifications 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 consensus committee has not made a timely recommendation
following a request by the Secretary, 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) of this section or in this
subsection, if the Secretary -
(A) provides to the consensus committee a written description
and sets forth the reasons why action is necessary and all
supporting documentation; and
(B) issues the order after notice and an opportunity for
public comment in accordance with section 553 of title 5, and
causes the order to be published in the Federal Register.
(6) Changes
Any statement of policies, practices, or procedures relating to
construction and safety standards, regulations, inspections,
monitoring, or other enforcement activities that constitutes a
statement of general or particular applicability to implement,
interpret, or prescribe law or policy by the Secretary is subject
to subsection (a) of this section or this subsection. Any change
adopted in violation of subsection (a) of this section or this
subsection is void.
(7) Transition
Until the date on which the consensus committee is appointed
pursuant to subsection (a)(3) of this section, the Secretary may
issue proposed orders, pursuant to notice and comment in
accordance 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 standards
Each order establishing a Federal manufactured home construction
and safety standard shall specify the date such standard is to take
effect, which shall not be sooner than one hundred and eighty days
or later than one year after the date such order is issued, unless
the Secretary finds, for good cause shown, that an earlier or later
effective date is in the public interest, and publishes his reasons
for such finding.
(d) Supremacy of Federal standards
Whenever a Federal manufactured home construction 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 manufactured housing industry as established
by this chapter. Subject to section 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 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 interpreting standards and
regulations
The consensus committee, in recommending standards, regulations,
and interpretations, and the Secretary, in establishing standards
or regulations or issuing interpretations under this section, shall
-
(1) consider relevant available manufactured home construction
and safety data, including the results of the research,
development, testing, and evaluation activities conducted
pursuant to this chapter, and those activities conducted by
private organizations and other governmental 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 manufacturer 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 recognized as
generally equivalent to building codes for site-built housing, or
with minimum property standards adopted by the Secretary pursuant
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 safety standards
(1) The Federal manufactured home construction and safety
standards established by the Secretary under this section shall
include preemptive energy conservation standards in accordance with
this subsection.
(2) The energy conservation standards established under this
subsection shall be cost-effective energy conservation performance
standards designed to ensure the lowest total of construction and
operating costs.
(3) The energy conservation standards established under this
subsection shall take into consideration 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,
longevity, consumer's costs for maintenance and any other relevant
information pursuant to subsection (e) of this section. 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 ensure 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.