Title 42 — The Public Health and Welfare
Chapter 70 — Manufactured Home Construction and Safety Standards
§ 5402. Definitions
Statutory text
As used in this chapter, the term—
“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;
“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;
“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;
“distributor” means any person engaged in the sale and distribution of manufactured homes for resale;
“manufacturer” means any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes for resale;
“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 with or without 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;
“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;
“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;
“imminent safety hazard” means an imminent and unreasonable risk of death or severe personal injury;
“purchaser” means the first person purchasing a manufactured home in good faith for purposes other than resale;
“Secretary” means the Secretary of Housing and Urban Development;
“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;
“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;
“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;
“consensus committee” means the committee established under section 5403(a)(3) of this title;
“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;
“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;
“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;
“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;
“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
“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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Housing and Community Development Act of 1974
Pub. L. 93–383 title VI § 603 · 88 Stat. 634
Enacted · 42 U.S.C. § 5402
Pub. L. 93–383, title VI, § 603, Aug. 22, 1974, 88 Stat. 700
Source evidence
Code source credit
Pub. L. 93–383, title VI, § 603, Aug. 22, 1974, 88 Stat. 700Enacted provision · exact public law section
Sec. 603. definitions As used in this title, the term— 42 USC 5402. (1) “mobile home construction” means all activities relating to the assembly and manufacture of a mobile home including but not limited to those relating to durability, quality, and safety; (2) “dealer” means any person engaged in the sale, leasing, or distribution of new mobile homes primarily to persons who in good faith purchase or lease a mobile home for purposes other than resale; (3) “defect” includes any defect in the performance, construction, components, or material of a mobile 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 mobile homes for resale; (5) “manufacturer” means any person engaged in manufacturing or assembling mobile homes, including any person engaged in importing mobile homes for resale; (6) “mobile home” means a structure, transportable in one or more sections, which is eight body feet or more in width and is thirty-two body feet or more in length, 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; (7) “Federal mobile home construction and safety standard” means a reasonable standard for the construction, design, and performance of a mobile home which meets the needs of the public including the need for quality, durability, and safety; (8) “mobile home safety” means the performance of a mobile 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 mobile 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 mobile 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; and (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.Housing and Community Development Act of 1980
Pub. L. 96–399 § 308(c)(4) · 94 Stat. 1614
Substituted · 42 U.S.C. § 5402(1); 42 U.S.C. § 5402(2); 42 U.S.C. § 5402(3)
Pub. L. 96–399, § 308(c)(4), substituted “manufactured home” for “mobile home” wherever appearing
Source evidence
Code amendment note
Pars. (1), (2), (3). Pub. L. 96–399, § 308(c)(4), substituted “manufactured home” for “mobile home” wherever appearing.Enacted provision · exact public law section
(4) Title VI of the Housing and Community Development Act of 1974 is amended by striking out “Mobile Home” each place it 42 USC 5401. appears, other than in section 601, and inserting in lieu thereof “Manufactured Home” and by striking out “mobile home” each place it appears and inserting in lieu thereof “manufactured home”.Housing and Community Development Act of 1980
Pub. L. 96–399 § 308(c)(4) · 94 Stat. 1614
Substituted · 42 U.S.C. § 5402(6)
Pub. L. 96–399, § 308(c)(4), (d), substituted “manufactured home” for “mobile home”
Substituted · 42 U.S.C. § 5402(6)
Pub. L. 96–399, § 308(c)(4), (d), substituted “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” for “is eight body feet or more in width and is thirty-two body feet or more in length”
Inserted · 42 U.S.C. § 5402(6)
Pub. L. 96–399, § 308(c)(4), (d), inserted exception relating to inclusion of any structure meeting all requirements of this paragraph except size and with respect to which a certification is voluntarily filed and standards complied with
Source evidence
Code amendment note
Par. (6). Pub. L. 96–399, § 308(c)(4), (d), substituted “manufactured home” for “mobile home”, substituted “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” for “is eight body feet or more in width and is thirty-two body feet or more in length”, and inserted exception relating to inclusion of any structure meeting all requirements of this paragraph except size and with respect to which a certification is voluntarily filed and standards complied with.Enacted provision · exact public law section
(4) Title VI of the Housing and Community Development Act of 1974 is amended by striking out “Mobile Home” each place it 42 USC 5401. appears, other than in section 601, and inserting in lieu thereof “Manufactured Home” and by striking out “mobile home” each place it appears and inserting in lieu thereof “manufactured home”.Housing and Community Development Act of 1980
Pub. L. 96–399 § 308(c)(4) · 94 Stat. 1614
Substituted · 42 U.S.C. § 5402(7); 42 U.S.C. § 5402(8); 42 U.S.C. § 5402(10)
Pub. L. 96–399, § 308(c)(4), substituted “manufactured home” for “mobile home” wherever appearing
Source evidence
Code amendment note
Pars. (7), (8), (10). Pub. L. 96–399, § 308(c)(4), substituted “manufactured home” for “mobile home” wherever appearing.Enacted provision · exact public law section
(4) Title VI of the Housing and Community Development Act of 1974 is amended by striking out “Mobile Home” each place it 42 USC 5401. appears, other than in section 601, and inserting in lieu thereof “Manufactured Home” and by striking out “mobile home” each place it appears and inserting in lieu thereof “manufactured home”.Pub. L. 105–276 title V § 599A(a) · 112 Stat. 2461
Inserted · 42 U.S.C. § 5402(6)
Pub. L. 105–276 inserted before semicolon at end “; and except that such term shall not include any self-propelled recreational vehicle”
Source evidence
Code amendment note
Par. (6). Pub. L. 105–276 inserted before semicolon at end “; and except that such term shall not include any self-propelled recreational vehicle”.American Homeownership and Economic Opportunity Act of 2000
Pub. L. 106–569 § 603(a)(1) · 114 Stat. 2944
Substituted · 42 U.S.C. § 5402(2)
Pub. L. 106–569, § 603(a)(1), substituted “retailer” for “dealer”
Source evidence
Code amendment note
Par. (2). Pub. L. 106–569, § 603(a)(1), substituted “retailer” for “dealer”.Enacted provision · exact public law section
(1) in paragraph (2), by striking “dealer” and inserting “retailer”;Effective date note
Amendment 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.American Homeownership and Economic Opportunity Act of 2000
Pub. L. 106–569 § 603(a)(2) · 114 Stat. 2944
Added · 42 U.S.C. § 5402(14)(21)
Pub. L. 106–569, § 603(a)(2)–(4), added pars. (14) to (21)
Source evidence
Code amendment note
Pars. (14) to (21). Pub. L. 106–569, § 603(a)(2)–(4), added pars. (14) to (21).Enacted provision · exact public law section
(2) in paragraph (12), by striking “and” at the end;Effective date note
Amendment 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.Pub. L. 119–101 title III § 301(a) · 140 Stat. 888
Substituted · 42 U.S.C. § 5402(6)
Pub. L. 119–101 substituted “with or without a permanent chassis” for “on a permanent chassis”
Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (6). Pub. L. 119–101 substituted “with or without a permanent chassis” for “on a permanent chassis”.
8 of 10 references resolved to an enrolled provision · 1 partial · 1 unresolved
Editorial Notes
References in Text
For definition of Canal Zone, referred to in pars. (12) and (13), see section 3602(b) of Title 22, Foreign Relations and Intercourse.
Codification
References to “mobile homes”, wherever appearing in text, changed to “manufactured homes” in view of the amendment of title VI of the Housing and Community Development Act of 1974 (this chapter) by section 308(c)(4) of Pub. L. 96–399 requiring the substitution of “manufactured home” for “mobile home” wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of Pub. L. 97–35 (set out as a note under section 1703 of Title 12, Banks and Banking) providing that the terms “mobile home” and “manufactured home” shall be deemed to include the terms “mobile homes” and “manufactured homes”, respectively.
Amendments1980–2026 · 4 rounds
2026
Par. (6). Pub. L. 119–101 substituted “with or without a permanent chassis” for “on a permanent chassis”.
2000
Par. (2). Pub. L. 106–569, § 603(a)(1), substituted “retailer” for “dealer”.
Pars. (14) to (21). Pub. L. 106–569, § 603(a)(2)–(4), added pars. (14) to (21).
1998
Par. (6). Pub. L. 105–276 inserted before semicolon at end “; and except that such term shall not include any self-propelled recreational vehicle”.
1980
Pars. (1), (2), (3). Pub. L. 96–399, § 308(c)(4), substituted “manufactured home” for “mobile home” wherever appearing.
Par. (6). Pub. L. 96–399, § 308(c)(4), (d), substituted “manufactured home” for “mobile home”, substituted “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” for “is eight body feet or more in width and is thirty-two body feet or more in length”, and inserted exception relating to inclusion of any structure meeting all requirements of this paragraph except size and with respect to which a certification is voluntarily filed and standards complied with.
Pars. (7), (8), (10). Pub. L. 96–399, § 308(c)(4), substituted “manufactured home” for “mobile home” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–569 effective , 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 , see section 612 of Pub. L. 106–569, set out as a note under section 5401 of this title.
Effective Date of 1998 Amendment
Pub. L. 105–276, title V, § 599A(b), , 112 Stat. 2660, provided that: “The amendment made by this section [amending this section] is made on, and shall apply beginning upon, the date of the enactment of this Act [].”
Effective Date
Section effective upon the expiration of 180 days following , see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title.
Credits
1974–2026 · 6 acts
- 1974Pub. L. 93–383, title VI, § 603, , 88 Stat. 700
- 1980Pub. L. 96–399, title III, § 308(c)(4), (d), , 94 Stat. 1641
- 1981Pub. L. 97–35, title III, § 339B(c), , 95 Stat. 417
- 1998Pub. L. 105–276, title V, § 599A(a), , 112 Stat. 2660
- 2000Pub. L. 106–569, title VI, § 603(a), , 114 Stat. 2998
- 2026Pub. L. 119–101, title III, § 301(a), , 140 Stat. 888.
Show as published
(Pub. L. 93–383, title VI, § 603, , 88 Stat. 700; Pub. L. 96–399, title III, § 308(c)(4), (d), , 94 Stat. 1641; Pub. L. 97–35, title III, § 339B(c), , 95 Stat. 417; Pub. L. 105–276, title V, § 599A(a), , 112 Stat. 2660; Pub. L. 106–569, title VI, § 603(a), , 114 Stat. 2998; Pub. L. 119–101, title III, § 301(a), , 140 Stat. 888.)