§ 5404. Manufactured home installation

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.

1. 1974

   Housing and Community Development Act of 1974

   Pub. L. 93–383 title VI § 605 · 88 Stat. 634

   Enacted · 42 U.S.C. § 5404

   Pub. L. 93–383, title VI, § 605, Aug. 22, 1974, 88 Stat. 702

   Source evidence

   Code source credit
   Pub. L. 93–383, title VI, § 605, Aug. 22, 1974, 88 Stat. 702

   Enacted provision · exact public law section
   Sec. 605. national mobile home advisory council (a) The Secretary shall appoint a National Mobile Home 42 USC 5404. Appointment; membership. Advisory Council with the following composition: eight members selected from among consumer organizations, community organizations, and recognized consumer leaders; eight members from the mobile home industry and related groups including at least one representative of small business; and eight members selected from government agencies including Federal, State, and local governments. Appointments under this subsection shall be made without regard to the provisions 5 USC 101 et seq. of title 5, United States Code, relating to appointments in the competitive service, classification, and General Schedule pay rates. The Secretary shall publish the names of the members of the Council annually and shall designate which members represent the general public. (b) The Secretary shall, to the extent feasible, consult with the Consultation. Advisory Council prior to establishing, amending, or revoking any mobile home construction or safety standard pursuant to the provisions of this title. (c) Any member of the National Mobile Home Advisory Council Compensation. who is appointed from outside the Federal Government may be compensated at a rate not to exceed $100 per diem (including travel-time) when engaged in the actual duties of the Advisory Council. Such members, while away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently.

2. 1980

   Housing and Community Development Act of 1980

   Pub. L. 96–399 title III § 308(c)(4) · 94 Stat. 1614

   1. Substituted · 42 U.S.C. § 5404(a)(c)

      Pub. L. 96–399 substituted “Manufactured Home” for “Mobile Home” wherever appearing

   2. Substituted · 42 U.S.C. § 5404(a)(c)

      Pub. L. 96–399 substituted “manufactured home” for “mobile home” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a) to (c). Pub. L. 96–399 substituted “Manufactured Home” for “Mobile Home” and “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”.

3. 2000

   American Homeownership and Economic Opportunity Act of 2000

   Pub. L. 106–569 title VI § 605(a) · 114 Stat. 2944

   1. Amended · 42 U.S.C. § 5404

      Pub. L. 106–569 amended section catchline and text generally

   2. Substituted · 42 U.S.C. § 5404

      Pub. L. 106–569 substituting provisions relating to manufactured home installation for provisions relating to National Manufactured Home Advisory Council

   Source evidence

   Code amendment note
   Pub. L. 106–569 amended section catchline and text generally, substituting provisions relating to manufactured home installation for provisions relating to National Manufactured Home Advisory Council.

   Enacted provision · exact public law section
   (a) In General.— Section 605 (42 U.S.C. 5404) is amended to read as follows: “SEC. 605. 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), 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 Deadline. 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 604(e), 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). “(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 604(e), 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). “(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 604(e). “(B) Secretary.— In developing and establishing the model standards under paragraph (2), the Secretary shall consider the factors described in section 604(e). “(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, United States Code. “(c) Manufactured Home Installation Programs.— “(1) Protection of manufactured housing residents during initial period.— During the 5-year period beginning on the date of the enactment of the Manufactured Housing Improvement Act of 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 the date of the enactment of the Manufactured Housing Improvement Act of 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 title. “(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); or “(ii) the designs and instructions provided by manufacturers under subsection (a), 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); “(B) the training and licensing of manufactured home installers; and “(C) inspection of the installation of manufactured homes.”.

   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.

5 of 5 references resolved to an enrolled provision