42 U.S.C. § 5409 : US Code - Section 5409: Prohibited acts; exemptions

Search 42 U.S.C. § 5409 : US Code - Section 5409: Prohibited acts; exemptions

(a) No person shall -
(1) make use of any means of transportation or communication
affecting interstate or foreign commerce or the mails to
manufacture for sale, lease, sell, offer for sale or lease, or
introduce or deliver, or import into the United States, any
manufactured home which is manufactured on or after the effective
date of any applicable Federal manufactured home construction and
safety standard under this chapter and which does not comply with
such standard, except as provided in subsection (b) of this
section, where such manufacture, lease, sale, offer for sale or
lease, introduction, delivery, or importation affects commerce;
(2) fail or refuse to permit access to or copying of records,
or fail to make reports or provide information, or fail or refuse
to permit entry or inspection, as required under section 5413 of
this title;
(3) fail to furnish notification of any defect as required by
section 5414 of this title;
(4) fail to issue a certification required by section 5415 of
this title, or issue a certification to the effect that a
manufactured home conforms to all applicable Federal manufactured
home construction and safety standards, if such person in the
exercise of due care has reason to know that such certification
is false or misleading in a material respect;
(5) fail to comply with a final order issued by the Secretary
under this chapter;
(6) issue a certification pursuant to subsection (h) of section
5403 of this title, if such person in the exercise of due care
has reason to know that such certification is false or misleading
in a material respect; or
(7) after the expiration of the period specified in section
5404(c)(2)(B) of this title, fail to comply with the requirements
for the installation program required by section 5404 of this
title in any State that has not adopted and implemented a State
installation program.
(b)(1) Paragraph (1) of subsection (a) of this section shall not
apply to the sale, the offer for sale, or the introduction or
delivery for introduction in interstate commerce of any
manufactured home after the first purchase of it in good faith for
purposes other than resale.
(2) For purposes of section 5410 of this title, paragraph (1) of
subsection (a) of this section shall not apply to any person who
establishes that he did not have reason to know in the exercise of
due care that such manufactured home is not in conformity with
applicable Federal manufactured home construction and safety
standards, or to any person who, prior to such first purchase,
holds a certificate issued by the manufacturer or importer of such
manufactured home to the effect that such manufactured home
conforms to all applicable Federal manufactured home construction
and safety standards, unless such person knows that such
manufactured home does not so conform.
(3) A manufactured home offered for importation in violation of
paragraph (1) of subsection (a) of this section shall be refused
admission into the United States under joint regulations issued by
the Secretary of the Treasury and the Secretary, except that the
Secretary of the Treasury and the Secretary may, by such
regulations, provide for authorizing the importation of such
manufactured home into the United States upon such terms and
conditions (including the furnishing of a bond) as may appear to
them appropriate to insure that any such manufactured home will be
brought into conformity with any applicable Federal manufactured
home construction or safety standard prescribed under this chapter,
or will be exported from, or forfeited to, the United States.
(4) The Secretary of the Treasury and the Secretary may, by joint
regulations, permit the importation of any manufactured home after
the first purchase of it in good faith for purposes other than
resale.
(5) Paragraph (1) of subsection (a) of this section shall not
apply in the case of a manufactured home intended solely for
export, and so labeled or tagged on the manufactured home itself
and on the outside of the container, if any, in which it is to be
exported.
(c) Compliance with any Federal manufactured home construction or
safety standard issued under this chapter does not exempt any
person from any liability under common law.