42 U.S.C. § 5404 : US Code - Section 5404: Manufactured home installation

Search 42 U.S.C. § 5404 : US Code - Section 5404: Manufactured home installation

(a) Provision of installation design and instructions
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 standards
Not 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 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 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 committee
In developing the proposed model standards under paragraph
(1), the consensus committee 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 section 5403(e) of this title.
(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 residents during initial
period
During 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 program
Not 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 program
Beginning 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 implementation
In 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) Requirements
An 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.