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Pt. 3282
24 CFR Ch. XX (4–1–10 Edition)
as outlined in § 3280.904(b)(3) without
exceeding maximum allowable stresses
for design spring assembly life as recommended by the spring assembly
manufacturer. The capacity of the
spring system shall assure, that under
maximum operating load conditions,
sufficient clearance shall be maintained between the tire and manufactured home frame or structure to permit unimpeded wheel movement and
for changing tires.
(6) Axles. Axles, and their connecting
hardware, shall be capable of withstanding all of the design loads outlined in § 3280.904(b)(3) without exceeding maximum allowable stresses for design axle life as recommended by the
axle manufacturer. The number of
axles required to provide a safe tow and
good ride characteristics shall be determined and documented by engineering analysis. Those alternatives listed
in § 3280.903(c) may be accepted in place
of such an analysis.
(7) Hubs and bearings. Hubs and bearings shall meet the requirements of
§ 3280.904(b)(3) and good engineering
practice. Both of these components
shall be accessible for inspection, routine maintenance and replacement of
parts.
(8) Tires, wheels and rims. Tires,
wheels and rims shall meet the requirements of § 3280.904(b)(3). Tires shall be
selected for anticipated usage.
(9) Brake assemblies. (i) The number,
type, size and design of brake assemblies required to assist the towing vehicle in providing effective control and
stopping of the manufactured home
shall be determined and documented by
engineering analysis. Those alternatives listed in § 3280.903(c) may be accepted in place of such an analysis.
(ii) Brakes on the towing vehicle and
the manufactured home shall be capable of assuring that the maximum stopping distance from an initial velocity
of 20 miles per hour does not exceed 40
feet (U.S. Department of Transportation Regulations).
(10) Lights and associated wiring. Highway safety electrical lights and associated wiring shall conform to applicable
Federal requirements in terms of location and performance. The manufacturer shall have the option of meeting
this requirement by utilizing a tem-
porary light/wiring harness provided by
the manufactured home transportation
carrier.
PART
3282—MANUFACTURED
HOME PROCEDURAL AND ENFORCEMENT REGULATIONS
Subpart A—General
Sec.
3282.1 Scope and purpose.
3282.6 Separability of provisions.
3282.7 Definitions.
3282.8 Applicability.
3282.9 Computation of time.
3282.10 Civil and criminal penalties.
3282.11 Preemption and reciprocity.
3282.12 Excluded
structures—modular
homes.
3282.13 Voluntary certification.
3282.14 Alternative construction of manufactured homes.
Subpart B—Formal Procedures
3282.51 Scope.
3282.52 Address of communications.
3282.53 Service of process on foreign manufacturers and importers.
3282.54 Public information.
Subpart C—Rules and Rulemaking
Procedures
3282.101
3282.111
final
3282.113
Generally.
Petitions for reconsideration
rules.
Interpretative bulletins.
Subpart D—Informal and Formal Presentations of Views, Hearings and Investigations
3282.151 Applicability and scope.
3282.152 Procedures to present views and
evidence.
3282.153 Public participation in formal or
informal presentation of views.
3282.154 Petitions for formal or informal
presentations of views, and requests for
extraordinary interim relief.
3282.155 Investigations.
3282.156 Petitions for investigations.
Subpart E—Manufacturer Inspection and
Certification Requirements
3282.201 Scope and purpose.
3282.202 Primary inspection agency contracts.
3282.203 DAPIA services.
3282.204 IPIA services.
3282.205 Certification requirements.
3282.206 Disagreement with IPIA or DAPIA.
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Office of Asst. Sec. for Housing, HUD
§ 3282.1
3282.207 Manufactured home consumer manual requirements.
3282.208 Remedial actions—general description.
3282.209 Report requirements.
3282.210 Payment of monitoring fee.
3282.211 Record of purchasers.
Subpart F—Dealer and Distributor
Responsibilities
3282.251 Scope and purpose.
3282.252 Prohibition of sale.
3282.253 Removal of prohibition of sale.
3282.254 Distributor and dealer alterations.
3282.255 Completion of information card.
3282.256 Distributor or dealer complaint
handling.
Subpart G—State Administrative Agencies
3282.301 General—scope.
3282.302 State plan.
3282.303 State plan—suggested provisions.
3282.304 Inadequate State plan.
3282.305 State plan approval.
3282.306 Withdrawal of State approval.
3282.307 Monitoring inspection fee establishment and distribution.
3282.308 State participation in monitoring
of primary inspection agencies.
3282.309 Formal and informal presentations
of views held by SAAs.
Subpart H—Primary Inspection Agencies
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3282.351 General.
3282.352 State exclusive IPIA functions.
3282.353 Submission format.
3282.354 Submittal of false information or
refusal to submit information.
3282.355 Submission acceptance.
3282.356 Disqualification and requalification
of primary inspection agencies.
3282.357 Background and experience.
3282.358 Personnel.
3282.359 Conflict of interest.
3282.360 PIA acceptance of product certification programs or listings.
3282.361 Design Approval Primary Inspection Agency (DAPIA).
3282.362 Production Inspection Primary Inspection Agencies (IPIAs).
3282.363 Right of entry and inspection.
3282.364 Inspection responsibilities and coordination.
3282.365 Forwarding monitoring fee.
3282.366 Notification and correction campaign responsibilities.
Subpart I—Consumer Complaint Handling
and Remedial Actions
3282.401
3282.402
3282.403
tion
Purpose and scope.
General principles.
Consumer complaint and informareferral.
3282.404 Notification pursuant to manufacturer’s determination.
3282.405 SAA responsibilities.
3282.406 Required manufacturer correction.
3282.407 Notification and correction pursuant to administrative determination.
3282.408 Reimbursement for prior correction
by owner.
3282.409 Manufacturer’s plan for notification and correction.
3282.410 Contents of notice.
3282.411 Time for implementation.
3282.412 Completion of remedial actions and
report.
3282.413 Replacement or repurchase of manufactured home from purchaser.
3282.414 Manufactured homes in the hands
of dealers and distributors.
3282.415 Notices, bulletins and other communications.
3282.416 Supervision of notification and correction actions.
Subpart J—Monitoring of Primary
Inspection Agencies
3282.451 General.
3282.452 Participation in monitoring.
3282.453 Frequency and extent of monitoring.
Subpart K—Departmental Oversight
3282.501
3282.502
3282.503
General.
Departmental implementation.
Determinations and hearings.
Subpart L—Manufacturer, IPIA and SAA
Reports
3282.551 Scope and purpose.
3282.552 Manufacturer reports for joint monitoring fees.
3282.553 IPIA reports.
3282.554 SAA reports.
AUTHORITY: 28 U.S.C. 2461 note; 42 U.S.C.
3535(d) and 5424.
SOURCE: 41 FR 19852, May 13, 1976, unless
otherwise noted.
Subpart A—General
§ 3282.1
Scope and purpose.
(a) The National Manufactured Housing Construction and Safety Standards
Act of 1974 (title VI of Pub. L. 93–383, 88
Stat. 700, 42 U.S.C. 5401, et seq.) (hereinafter referred to as the Act), requires
the Secretary of the Department of
Housing and Urban Development to establish Federal manufactured home
construction and safety standards and
to issue regulations to carry out the
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§ 3282.6
24 CFR Ch. XX (4–1–10 Edition)
purpose of the Act. The standards promulgated pursuant to the Act appear
at part 3280 of chapter XX of this title,
and apply to all manufactured homes
manufactured for sale to purchasers in
the United States on or after the effective date of the standards (June 15,
1976). A manufactured home is manufactured on or after June 15, 1976, if it
enters the first stage of production on
or after that date.
(b) The Secretary is also authorized
by the Act to conduct inspections and
investigations necessary to enforce the
standards, to determine that a manufactured home fails to comply with an
applicable standard or contains a defect or an imminent safety hazard, and
to direct the manufacturer to furnish
notification thereof, and in some cases,
to remedy the defect or imminent safety hazard. The purpose of this part is
to prescribe procedures for the implementation of these responsibilities of
the Secretary under the Act through
the use of private and State inspection
organizations and cooperation with
State manufactured home agencies. It
is the policy of the Department to involve State agencies in the enforcement of the Federal manufactured
home standards to the maximum extent possible consistent with the capabilities of such agencies and the public
interest. The procedures for investigations and investigational proceedings
are set forth in 24 CFR part 3800.
[41 FR 19852, May 13, 1976, as amended at 61
FR 10442, Mar. 13, 1996]
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§ 3282.6 Separability of provisions.
If any clause, sentence, paragraph,
section or other portion of part 3282
shall, for any reason, be adjudged by
any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined by its
operation to the clause, sentence, paragraph, or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
§ 3282.7 Definitions.
The terms Department, HUD, and Secretary are defined in 24 CFR part 5.
(a) Act means the National Manufactured Housing Construction and Safety
Standards Act of 1974, title VI of the
Housing and Community Development
Act of 1974 (42 U.S.C. 5401 et seq.)
(b) Add-on means any structure (except a structure designed or produced
as an integral part of a manufactured
home) which, when attached to the
basic manufactured home unit, increases the area, either living or storage, of the manufactured home.
(c) Alteration means the replacement,
addition, and modification, or removal
of any equipment or installation after
sale by a manufacturer to a dealer or
distributor but prior to sale by a dealer
to a purchaser which may affect the
construction, fire safety, occupancy,
plumbing, heat-producing or electrical
system. It includes any modification
made in the manufactured home which
may affect the compliance of the home
with the standards, but it does not include the repair or replacement of a
component or appliance requiring plugin to an electrical receptacle where the
replaced item is of the same configuration and rating as the one being replaced. It also does not include the addition of an appliance requiring plug-in
to an electrical receptacle, which appliance was not provided with the manufactured home by the manufacturer, if
the rating of the appliance does not exceed the rating of the receptacle to
which it is connected.
(d) Certification label see label.
(e) Certification report means the report prepared by an IPIA (see definition z) for each manufactured home
manufacturing plant under § 3282.203 in
which the IPIA provides a complete description of the initial comprehensive
inspection of the plant, an evaluation
of the quality assurance program under
the approved quality assurance manual, and the identity of the DAPIA (see
definition z) which approved the designs and quality assurance manual
used in the plant. Where appropriate
under § 3282.362(b)(5), the certification
report may be made by a DAPIA.
(f) Component means any part, material or appliance which is built in as an
integral part of the manufactured
home during the manufacturing process.
(g) Cost information means information submitted by a manufacturer
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§ 3282.7
under section 607 of the Act with respect to alleged cost increases resulting from action by the Secretary, in
such form as to permit the public and
the Secretary to make an informed
judgment on the validity of the manufacturer’s statements. Such term includes both the manufacturer’s cost
and the cost to retail purchasers.
(h) Date of manufacture means the
date on which the label required by
§ 3282.205(c) is affixed to the manufactured home.
(i) Dealer 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.
(j) Defect means a failure to comply
with an applicable Federal manufactured home safety and construction
standard that renders the manufactured home or any part or component
thereof not fit for the ordinary use for
which it was intended, but does not result in an unreasonable risk of injury
or death to occupants of the affected
manufactured home. See related definitions of imminent safety hazard (definition q), noncompliance (definition x),
and serious defect (definition ff).
(k) Design means drawings, specifications, sketches and the related engineering calculations, tests and data in
support of the configurations, structures and systems to be incorporated in
manufactured homes manufactured in
a plant.
(l) Director means the Director of the
Manufactured Housing Standards Division.
(m) Distributor means any person engaged in the sale and distribution of
manufactured homes for resale.
(n) Failure to conform means an imminent safety hazard related to the
standards, a serious defect, defect, or
noncompliance and is used as a substitute for all of those terms.
(o) [Reserved]
(p) Imminent safety hazard means a
hazard that presents an imminent and
unreasonable risk of death or severe
personal injury that may or may not
be related to failure to comply with an
applicable Federal manufactured home
construction or safety standard. See
related definitions of defect (definition
j), noncompliance (paragraph x) and serious defect (paragraph ff).
(q) Joint monitoring team means a
monitoring inspection team composed
of personnel provided by the various
State Administrative Agencies, or by
HUD or its contract agent, operating
under a contract with HUD for the purpose of monitoring, or otherwise aiding
in the enforcement of the Federal
standards.
(r) Label or certification label means
the approved form of certification by
the
manufacturer
that,
under
§ 3282.362(c)(2)(i), is permanently affixed
to each transportable section of each
manufactured home manufactured for
sale to a purchaser in the United
States.
(s) (Same as § 3280.2(a)(13).)
(t) Manufacturer means any person
engaged in manufacturing or assembling manufactured homes, including
any person engaged in importing manufactured homes for resale.
(u) (Same as § 3280.2(a)(16).)
(v) 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.
(w) 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.
(x) Noncompliance means a failure of a
manufactured home to comply with a
Federal manufactured home construction or safety standard that does not
constitute a defect, serious defect, or
imminent safety hazard. See related
definitions or defect (definition j), imminent safety hazard (definition q), and serious defect (definition ff).
(y) Owner means any person purchasing a manufactured home from any
other person after the first purchase of
the manufactured home, in good faith,
for purposes other than resale.
(z) Primary Inspection Agency (PIA)
means a State/or private organization
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§ 3282.8
24 CFR Ch. XX (4–1–10 Edition)
that has been accepted by the Secretary in accordance with the requirement of subpart H of this part. There
are two types of PIA:
(1) Design Approval PIA (DAPIA),
which evaluates and approves or disapproves manufactured home designs
and quality control procedures, and
(2) Production Inspection PIA (IPIA),
which evaluates the ability of manufactured home manufacturing plants to
follow approved quality control procedures and provides ongoing surveillance of the manufacturing process. Organizations may act as one or both of
these types.
(aa) Purchaser means the first person
purchasing a manufactured home in
good faith for purposes other than resale.
(bb) Quality Assurance Manual means
a manual, prepared by each manufacturer for its manufacturing plants and
approved by a DAPIA which contains: a
statement of the manufacturer’s quality assurance program, a chart of the
organization showing, by position, all
personnel accountable for quality assurance, a list of tests and test equipment required, a station-by-station description of the manufacturing process,
a list of inspections required at each
station, and a list by title of personnel
in the manufacturer’s organization to
be held responsible for each inspection.
Where necessary, the quality assurance
manual used in a particular plant shall
contain information specific to that
plant.
(cc) To red tag means to affix a notice
to a manufactured home which has
been found to contain an imminent
safety hazard or a failure to conform
with any applicable standard. A red tag
is the notice so affixed to the manufactured home.
(dd) [Reserved]
(ee) Secretary’s agent means a party
operating as an independent contractor
under a contract with HUD.
(ff) Serious defect means any failure to
comply with an applicable Federal
manufactured home construction and
safety standard that renders the manufactured home or any part thereof not
fit for the ordinary use for which it was
intended and which results in an unreasonable risk of injury or death to occu-
pants of the affected manufactured
home.
(gg) Standards means the Federal
manufactured home construction and
safety standards promulgated under
section 604 of the Act, 42 U.S.C. 5403, as
part 3280 of these regulations.
(hh) 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.
(ii) State Administrative Agency (SAA)
means an agency of a State which has
been approved or conditionally approved to carry out the State plan for
enforcement of the standards pursuant
to section 623 of the Act, 42 U.S.C. 5422,
and subpart G of this part.
(jj) State plan application means the
application of any State organization
which is submitted to the Secretary for
approval as a State Administrative
Agency under subpart G.
(kk) System means a set or arrangement of materials or components related or connected as to form an operating entity, i.e., heating, ventilating
and air-conditioning systems, evaporative coolers.
(ll) [Reserved]
(mm) 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.
(nn) (Same as § 3280.2(a)(22).)
[41 FR 19852, May 13, 1976, as amended at 41
FR 24971, June 21, 1976; 47 FR 28093, June 29,
1982; 61 FR 5216, Feb. 9, 1996; 61 FR 10859, Mar.
15, 1996]
§ 3282.8 Applicability.
(a) Mobile homes. This part applies to
all manufactured homes that enter the
first stage of production on or after
June 15, 1976, and to all manufactured
homes that enter the first stage of production before June 15, 1976, to which
labels are applied under § 3282.205(d).
(b) States. This part applies to States
that desire to assume responsibility
under the Federal manufactured home
construction and safety standards enforcement program. It includes requirements which must be met in order
for State agencies to be approved by
the Secretary under section 623(c) of
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§ 3282.8
the Act, 42 U.S.C. 5422(c). It also includes requirements for States wishing
to act as primary inspection agencies,
as defined in § 3282.7, or to participate
in
monitoring
activities
under
§ 3282.308.
(c) Primary inspection and engineering
organizations. This part applies to each
private inspection and engineering organization that wishes to qualify as a
primary inspection agency under subpart H.
(d) Manufactured home manufacturers.
This part applies to all manufacturers
producing manufactured homes for sale
in the United States. It includes:
(1) Inspection procedures to be carried out in the manufacturing plants.
(2) Procedures by which a manufacturer obtains approval of manufactured
home designs.
(3) Procedures by which a manufacturer obtains approval of manufacturing quality control and assurance
programs.
(4) Procedures by which a manufacturer may obtain production inspections and certification labels for its
manufactured homes.
(e) Manufactured home dealers and distributors. This part applies to any person selling, leasing, or distributing new
manufactured homes for use in the
United States. It includes prohibitions
of the sale of new manufactured homes
to which labels have not been affixed
pursuant to subpart H of these regulations or that have been altered, damaged, or otherwise caused not to be in
compliance with the Federal standards.
(f) Purchasers, owners and consumers.
This part applies to purchasers, owners
and consumers of manufactured homes
in that it sets out procedures to be followed when purchasers, owners and
consumers complain to manufacturers,
States, the Secretary or others concerning problems in manufactured
homes for which remedies are provided
under the Act.
(g) Recreational vehicles. Recreational
vehicles are not subject to this part,
part 3280, or part 3283. A recreational
vehicle is a vehicle which is:
(1) Built on a single chassis;
(2) 400 Square feet or less when measured at the largest horizontal projections;
(3) Self-propelled or permanently
towable by a light duty truck; and
(4) Designed primarily not for use as
a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
(h) Imported manufactured homes. Imported manufactured homes are covered by the regulations except as modified by regulations promulgated jointly
by the Secretary and the Secretary of
the Treasury.
(i) Export manufactured homes. Manufactured Homes intended solely for export are not governed by this part or
by part 3280 of this title if a label or
tag stating that the manufactured
home is intended solely for export is
placed on the manufactured home or
the outside of the container, if any, in
which it is to be exported. However,
any manufactured home so tagged or
labeled that is not exported but is sold
to a purchaser in the United States is
subject to this part and part 3280 of
this title.
(j) Add-on. An add-on added by the
dealer or some other party not the
manufacturer (except where the manufacturer acts as a dealer) as part of a
simultaneous transaction involving the
sale of a new manufactured home, is
not governed by the standards and is
not subject to these regulations. However, the addition of the add-on must
not affect the ability of the basic manufactured home to comply with the
standards. If the addition of an add-on
causes the basic manufactured home to
fail to conform to the standards, sale,
lease, and offer for sale or lease of the
home is prohibited until the manufactured home is brought into conformance with the standards. While the
standards do not govern add-ons, the
Secretary has the authority to promulgate standards for add-ons and may do
so in the future.
(k) A structure (including an expandable room, tip-out, or tag-along unit)
which is designed and produced as an
integral part of a manufactured home
when assembled on site, is governed by
the standards and these regulations regardless of the dimensions of such
structure.
(l) Multifamily homes. Mobile homes
designed and manufactured with more
than one separate living unit are not
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§ 3282.9
24 CFR Ch. XX (4–1–10 Edition)
covered by the standards and these regulations.
[41 FR 19852, May 13, 1976, as amended at 41
FR 24970, June 21, 1976; 42 FR 35013, July 7,
1977; 44 FR 68733, Nov. 29, 1979; 47 FR 28093,
June 29, 1982]
§ 3282.9 Computation of time.
(a) In computing any period of time
prescribed by the regulations in this
part, refer to § 26.16(a) of this title.
(b) Extensions of any of the time periods set out in these regulations may
be granted by the Secretary or, as appropriate, by a State Administrative
Agency, upon a showing of good cause
by the party governed by the time period.
[42 FR 2580, Jan. 12, 1977, as amended at 61
FR 10859, Mar. 15, 1996]
§ 3282.10 Civil and criminal penalties.
Failure to comply with these regulations may subject the party in question
to the civil and criminal penalties provided for in section 611 of the Act, 42
U.S.C. 5410. The maximum amount of
penalties imposed under section 611 of
the Act shall be $1,100 for each violation, up to a maximum of $1,375,000 for
any related series of violations occurring within one year from the date of
the first violation.
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[72 FR 5589, Feb. 6, 2007]
§ 3282.11 Preemption and reciprocity.
(a) No State manufactured home
standard regarding manufactured home
construction and safety which covers
aspects of the manufactured home governed by the Federal standards shall be
established or continue in effect with
respect to manufactured homes subject
to the Federal standards and these regulations unless it is identical to the
Federal standards.
(b) No State may require, as a condition of entry into or sale in the State,
a manufactured home certified (by the
application of the label required by
§ 3282.362(c)(2)(i)) as in conformance
with the Federal standards to be subject to State inspection to determine
compliance with any standard covering
any aspect of the manufactured home
covered by the Federal standards. Nor
may any State require that a State
label be placed on the manufactured
home certifying conformance to the
Federal standard or an identical standard. Certain actions that States are
permitted to take are set out in
§ 3282.303.
(c) States may participate in the enforcement of the Federal standards enforcement program under these regulations either as SAAs or PIAs or both.
These regulations establish the exclusive system for enforcement of the
Federal standards. No State may establish or keep in effect through a building code enforcement system or otherwise, procedures or requirements which
constitute systems for enforcement of
the Federal standards or of identical
State standards which are outside the
system established in these regulations
or which go beyond this system to require remedial actions which are not
required by the Act and these regulations. A State may establish or continue in force consumer protections,
such as warranty or warranty performance requirements, which respond to
individual consumer complaints and so
do not constitute systems of enforcement of the Federal standards, regardless of whether the State qualifies as
an SAA or PIA.
(d) No State or locality may establish or enforce any rule or regulation
or take any action that stands as an
obstacle to the accomplishment and
execution of the full purposes and objectives of Congress. The test of whether a State rule or action is valid or
must give way is whether the State
rule can be enforced or the action
taken without impairing the Federal
superintendence of the manufactured
home industry as established by the
Act.
[42 FR 2580, Jan. 12, 1977, as amended at 56
FR 65186, Dec. 16, 1991; 61 FR 10859, Mar. 15,
1996]
§ 3282.12 Excluded
ular homes.
structures—mod-
(a) The purpose of this section is to
provide the certification procedure authorized by section 604(h) of the National Manufactured Housing Construction and Safety Standards Act under
which modular homes may be excluded
from coverage of the Act if the manufacturer of the structure elects to have
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§ 3282.12
them excluded. If a manufacturer wishes to construct a structure that is both
a manufactured home and a modular
home, the manufacturer need not make
the certification provided for by this
section and may meet both the Federal
manufactured home requirements and
any modular housing requirements.
When the certification is not made, all
provisions of the Federal requirements
shall be met.
(b) Any structure that meets the definition of manufactured home at 24 CFR
3282.7(u) is excluded from the coverage
of the National Manufactured Housing
Construction and Safety Standards
Act, 42 U.S.C. 5401 et seq., if the manufacturer certifies as prescribed in paragraph (c) of this section that:
(1) The structure is designed only for
erection or installation on a site-built
permanent foundation;
(i) A structure meets this criterion if
all written materials and communications relating to installation of the
structure, including but not limited to
designs, drawings, and installation or
erection instructions, indicate that the
structure is to be installed on a permanent foundation.
(ii) A site-built permanent foundation is a system of supports, including
piers, either partially or entirely below
grade which is:
(A) Capable of transferring all design
loads imposed by or upon the structure
into soil or bedrock without failure,
(B) Placed at an adequate depth
below grade to prevent frost damage,
and
(C) Constructed of concrete, metal,
treated lumber or wood, or grouted masonry; and
(2) The structure is not designed to
be moved once erected or installed on a
site-built permanent foundation;
(i) A structure meets this criterion if
all written materials and communications relating to erection or installation of the structure, including but not
limited to designs, drawings, calculations, and installation or erection instructions, indicate that the structure
is not intended to be moved after it is
erected or installed and if the towing
hitch or running gear, which includes
axles, brakes, wheels and other parts of
the chassis that operate only during
transportation, are removable and de-
signed to be removed prior to erection
or installation on a site-built permanent foundation; and
(3) The structure is designed and
manufactured to comply with the currently effective version of one of the
following:
(i) One of the following nationally
recognized building codes:
(A) That published by Building Officials and Code Administrators (BOCA)
and the National Fire Protection Association (NFPA) and made up of the following:
(1) BOCA Basic Building Code,
(2) BOCA Basic Industrialized Dwelling Code,
(3) BOCA Basic Plumbing Code,
(4) BOCA Basic Mechanical Code, and
(5) National Electrical Code, or
(B) That published by the Southern
Building Code Congress (SBCC) and the
NFPA and made up of the following:
(1) Standard Building Code,
(2) Standard Gas Code,
(3) Standard Mechanical Code,
(4) Standard Plumbing Code, and
(5) National Electrical Code, or
(C) That published by the International Conference of Building Officials (ICBO), the International Association of Plumbing and Mechanical Officials (IAPMO), and the NFPA and made
up of the following:
(1) Uniform Building Code,
(2) Uniform Mechanical Code,
(3) Uniform Plumbing Code, and
(4) National Electrical Code or
(D) The codes included in paragraphs
(b)(3)(i)(A), (B), or (C) in connection
with the One- and Two-Family Dwelling Code, or
(E) Any combination of the codes included in paragraphs (b)(3)(i)(A), (B),
(C), and (D), that is approved by the
Secretary,
including
combinations
using the National Standard Plumbing
Code published by the National Association of Plumbing, Heating and Cooling Contractors (PHCC), or
(F) Any other building code accepted
by the Secretary as a nationally recognized model building code, or
(ii) Any local code or State or local
modular building code accepted as generally equivalent to the codes included
under paragraph (b)(3)(i), (the Secretary will consider the manufacturer’s
certification under paragraph (c) of
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§ 3282.12
24 CFR Ch. XX (4–1–10 Edition)
this section to constitute a certification that the code to which the
structure is built is generally equivalent to the referenced codes. This certification of equivalency is subject to
the provisions of paragraph (f) of this
section) or
(iii) The minimum property standards adopted by the Secretary pursuant
to title II of the National Housing Act;
and
(4) To the manufacturer’s knowledge,
the structure is not intended to be used
other than on a site-built permanent
foundation.
(c) When a manufacturer makes a
certification provided for under paragraph (b) of this section, the certification shall state as follows:
The manufacturer of this structure, Name
llllllllll;
Address
llllllllll; (location where structure was manufactured).
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Certifies that this structure (Ser. No.
llll) is not a manufactured home subject
to the provisions of the National Manufactured Housing Construction and Safety
Standards Act and is—
(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 lllllll (Here state which code included in paragraph (b)(3) of this section has
been followed), and
(4) to the manufacturer’s knowledge is not
intended to be used other than on a site-built
permanent foundation.
(d) This certification shall be affixed
in a permanent manner near the electrical panel, on the inside of a kitchen
cabinet door, or in any other readily
accessible and visible location.
(e) As part of this certification, the
manufacturer shall identify each certified structure by a permanent serial
number placed on the structure during
the first stage of production. If the
manufacturer also manufactures manufactured homes that are certified under
§§ 3282.205 and 3282.362(c), the series of
serial numbers for structures certified
under this section shall be distinguishable on the structures and in the manufacturer’s records from the series of
serial numbers for the manufactured
homes
that
are
certified
under
§§ 3282.205 and 3282.362(c).
(1) If a manufacturer wishes to certify a structure as a manufactured
home under §§ 3282.205 and 3282.362(c)
after having applied a serial number
identifying it as exempted under this
section, the manufacturer may do so
only with the written consent of the
Production Inspection Primary Inspection Agency (IPIA) after thorough inspection of the structure by the IPIA
at at least one stage of production and
such removal or equipment, components, or materials as the IPIA may require to perform inspections to assure
that the structure conforms to the
Federal manufactured home standards.
The manufacturer shall remove the
original serial number and add the serial number required by § 3280.6.
(2) A manufacturer may not certify a
structure under this section after having applied the manufactured home serial number under § 3280.6.
(f) All certifications made under this
section are subject to investigation by
the Secretary to determine their accuracy. If a certification is false or inaccurate, the certification for purposes of
this section is invalid and the structures that have been or may be the
subject of the certification are not excluded from the coverage of the Act,
the Federal Manufactured Home Construction and Safety Standards, or
these Regulations.
(1) If the Secretary has information
that a certification may be false or inaccurate, the manufacturer will be
given written notice of the nature of
this information by certified mail and
the procedure of this subparagraph will
be followed.
(i) The manufacturer must investigate this matter and report its findings in writing as to the validity of
this information to the Secretary within 15 days from the receipt of the Secretary’s notice.
(ii) If a written report is received
within the time prescribed in paragraph (f)(1)(i) of this section, the Secretary will review this report before determining whether a certification is
false or inaccurate. If a report is not
received within 15 days from the receipt of the Secretary’s notice, the
Secretary will make the determination
on the basis of the information presented.
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Office of Asst. Sec. for Housing, HUD
§ 3282.14
(iii) If the Secretary determines that
a certification is false or inaccurate,
the manufacturer will be given written
notice and the reasons for this determination by certified mail.
(2) The Secretary may seek civil and
criminal penalties provided for in section 611 of the Act, 42 U.S.C. 5410, if the
party in question in the exercise of due
care has reason to know that such certification is false or misleading as to
any material fact.
[44 FR 68733, Nov. 29, 1979, as amended at 49
FR 10666, Mar. 22, 1984]
§ 3282.13
Voluntary certification.
(a) The purpose of this section is to
provide a procedure for voluntary certification of non-conforming manufactured homes as required by 42 U.S.C.
5402(6) as amended by section 308(d)(B)
of the Housing and Community Development Act of 1980.
(b) Structures which meet all of the
requirements of a manufactured home as
set out in § 3282.7(u), except the size requirements, shall be manufactured
homes if the manufacturer files with
the Secretary a certification in the following form:
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[Name of manufacturer and address where
structures are to be manufactured] certifies
that it intends to manufacture structures
that meet all of the requirements of manufactured homes set forth at 42 U.S.C. 5402(6)
except the size requirements. Such structures are to be treated as manufactured
homes for the purposes of the National Manufactured Housing Construction and Safety
Standards Act of 1974 and the regulations
promulgated pursuant thereto. Such structures will be built in conformance with the
Standards. [Name of manufacturer] further
certifies that if, at any time it manufactures
structures which are not manufactured
homes, it will identify each such structure
by a permanent serial number placed on the
structure during the first stage of production
and that the series of serial numbers for such
structures shall be distinguishable on the
structures and in its records from the series
of serial numbers used for manufactured
homes.
(c) Whenever a manufacturer which
has filed a certification pursuant to
§ 3282.13(b) produces structures which
are not manufactured homes, it must
identify each such structure by placing
a permanent serial number on the
structure during the first stage of pro-
duction. The series of serial numbers
placed on these structures shall be distinguishable on the structure and in
the manufacturer’s records from the
series of serial numbers used for manufactured homes.
(d) A manufacturer may certify a
structure as a manufactured home
after having applied a serial number
identifying it as a structure which is
not a manufactured home. To do so,
the manufacturer must secure the
written consent of the IPIA. This consent may only be given after a DAPIA
has approved the manufacturer’s design and quality assistance manual in
accordance with § 3282.361, and after the
IPIA has thoroughly inspected the
structure in at least one stage of production and after such removal of
equipment, components or materials as
the IPIA may require to assure that
the structure conforms to the standards. After certification as a manufactured home has been approved, the
manufacturer shall remove the original
serial number and add the serial number required by § 3280.6.
(e) Once a manufacturer has certified
under § 3282.13(b) that it intends to
build structures which are manufactured homes in all respects except size,
the manufacturer must then, with respect to those structures, comply with
all of the requirements of the Act and
its regulations. The structures may not
thereafter be exempted under any
other section of these regulations.
[47 FR 28093, June 29, 1982]
§ 3282.14 Alternative construction of
manufactured homes.
(a) Policy. In order to promote the
purposes of the Act, the Department
will permit the sale or lease of one or
more manufactured homes not in compliance with the Standards under circumstances wherein no affirmative action is needed to protect the public interest. The Department encourages innovation and the use of new technology
in manufactured homes. Accordingly,
HUD will permit manufacturers to utilize new designs or techniques not in
compliance with the Standards in
cases:
(1) Where a manufacturer proposes to
utilize construction that would be prohibited by the Standards;
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§ 3282.14
24 CFR Ch. XX (4–1–10 Edition)
(2) Where such construction would
provide performance that is equivalent
to or superior to that required by the
Standards; and
(3) Where (i) compliance with the
Standards would be unreasonable because of the circumstances of the particular case, or (ii) the alternative construction would be for purposes of research, testing or development of new
techniques or designs. If a request for
alternative construction is submitted
and the facts are consistent with these
principles, the Secretary may issue a
letter under paragraph (c) of this section stating that no action will be
taken under the Act based upon specific failures to conform to the Standards or these regulations, provided that
certain conditions are met. The
issuance of a letter under paragraph (c)
of this section will not affect any right
that any purchaser may have under the
Act or other applicable law and will
not preclude any further agency action
that may become necessary.
(b) Request for alternative construction.
A manufacturer may submit a request
for alternative construction of a manufactured home. The request should be
sent to the U.S. Department of Housing
and Urban Development, Manufactured
Housing Standards Division, 451 Seventh Street, SW., Washington, DC
20410. The request must include:
(1) A copy of the manufactured design or plan for each nonconforming
model which a manufacturer plans to
build;
(2) An explanation of the manner in
which the design fails to conform with
the Standards, including a list of the
specific standards involved;
(3) An explanation of how the design
will result in homes that provide the
same level of performance, quality, durability and safety as would be provided under the Standards;
(4) A copy of data adequate to support the request, including applicable
test data, engineering calculations or
certifications from nationally recognized laboratories;
(5) An estimate of the maximum
number of manufactured home units
affected and the location, if known, to
which the units will be shipped;
(6) An indication of the period of
time during which the manufacturer
proposes to engage in the manufacture,
sale or lease of the nonconforming
homes;
(7) A copy of the proposed notice to
be provided to home purchasers;
(8) A list of the names and addresses
of any dealers that would be selling the
nonconforming homes; and
(9) A letter from the manufacturer’s
DAPIA indicating that the design(s) to
which any nonconforming homes would
be built meet the Standards in all
other respects.
(c) Issuance of the letter by the Secretary—(1) Contents of the letter. If the
Secretary issues a letter in response to
a request for alternative construction,
the letter shall include the specific
standards affected, an explanation of
the proposed activity or design, an explanation of how the request is consistent with the objectives of the Act,
and any conditions that the manufacturer must meet.
(2) Letter sent to IPIA, DAPIA and
SAA. The Secretary shall forward a
copy of the letter to the manufacturer’s IPIA and DAPIA along with a letter authorizing the DAPIA to approve
plans containing the alternative construction, and authorizing the IPIA to
permit use of the alternative construction, provided that the conditions set
forth in the letter are met. The Secretary shall also forward a copy of the
letter to the SAAs in the State of manufacture and the State(s) in which the
homes are to be located, if known.
(3) Alternative construction in additional models. In cases where the Secretary grants a letter under this paragraph that is not model-specific, the
Secretary may permit the manufacturer to include the alternative construction in additional models. In such
cases, the DAPIA shall notify the Department of additional models that incorporate the alternative construction.
(d) Revocation. The Secretary may revoke or amend a letter issued under
paragraph (c) of this section at any
time. Such revocation or amendment
will be prospective only. Where manufacturers have requested alternative
construction for research, testing or
development such alternative construction may not achieve the anticipated results. Therefore, the Secretary
may require a manufacturer to bring
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Office of Asst. Sec. for Housing, HUD
§ 3282.54
those homes into compliance with the
standards if, after the alternative construction has been in use for a period of
time specified by the Secretary, these
homes are not, in the Secretary’s judgment, providing the levels of safety,
quality and durability which would
have been provided had the homes been
built in compliance with the Standards.
(e) Notice to prospective purchasers.
Manufacturers receiving letters under
paragraph (c) of this section shall provide notice to prospective purchasers
that the home does not conform to the
Standards. Such notice shall be delivered to each prospective purchase before he or she enters into an agreement
to purchase the home. The notice shall
be in the following form or in such
other form as may be approved by the
Secretary:
NOTICE TO PURCHASERS
The Department of Housing and Urban Development has issued a letter to (Name of
Manufacturer) concerning the homes in (location if known). As designed, the homes do
not meet Federal Manufactured Home Construction and Safety Standards regarding
(brief statement of manufacturer’s nonconformance).
HUD has evaluated the alternative construction and believes that it provides an
equivalent level of quality, durability and
safety to that provided by the Standards.
For further information about the specific
Federal Standards involved, a copy of the
letter issued pursuant to 24 CFR 3282.14(c) is
available from this dealer or manufacturer
upon request.
cprice-sewell on DSK89S0YB1PROD with CFR
(f) Serial numbers of homes constructed
using alternative construction. Manufacturers shall provide the Department
with the serial numbers assigned to
each home produced in conformance
with the letter issued under paragraph
(c) of this section within 90 days of
their date of manufacture. Each serial
number shall include the letters ‘‘AC’’
to indicate that the homes was produced under alternative construction
procedures.
[49 FR 1967, Jan. 16, 1984]
Subpart B—Formal Procedures
§ 3282.51 Scope.
This subpart contains rules of procedure generally applicable to the transaction of official business under the
National Manufactured Housing Construction and Safety Standards Act, including the rules governing public
availability of information.
§ 3282.52 Address of communications.
Unless otherwise specified, communications shall be addressed to the Director, Manufactured Housing Standards Division, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410.
§ 3282.53 Service of process on foreign
manufacturers and importers.
The designation of an agent required
by section 612(e) of the Act, 42 U.S.C.
5411(e), shall be in writing, dated, and
signed by the manufacturer and the
designated agent.
[61 FR 10860, Mar. 15, 1996]
§ 3282.54 Public information.
(a) General. Subject to the provisions
of 24 CFR part 15 covering the production or disclosure of material or information and the provisions of 24 CFR
part 16 at 40 FR 39729 relating to the
Privacy Act, and except as otherwise
provided by paragraphs (b), (c), (d), and
(e) of this section, the Secretary may
make available to the public:
(1) Any information which may indicate the existence of an imminent safety hazard, and
(2) Any information which may indicate the failure of a manufactured
home to comply with applicable manufactured home construction and safety
standards, and
(3) Such other information as the
Secretary determines is necessary to
carry out the Secretary’s functions
under the Act.
(b) Protected information. Data and information submitted or otherwise provided to the Secretary or an agent of
the Secretary or a PIA or SAA which
fall within the definitions of a trade secret or confidential commercial or financial information are exempt from
disclosure under this section, only if
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§ 3282.101
24 CFR Ch. XX (4–1–10 Edition)
the party submitting or providing the
information so requests under paragraph (c) of this section. However, the
Secretary may disclose such information to any person requesting it after
deletion of the portions which are exempt, or in such combined or summary
form as does not disclose the portions
which are exempt from disclosure or in
its entirety in accordance with section
614 of the Act, U.S.C. 5413.
(c) Obtaining exemption. Any party
submitting any information to the Secretary in any form under this part, or
otherwise in relation to the program
established by the Act shall, if the
party desires the information to be exempt from disclosure, at the time of
submittal of the information or at any
time thereafter, request that the information or any part thereof be protected from disclosure. The request for
nondisclosure shall include the basis
for the request under the Act or other
authority and complete justification
supporting the claim that the material
should be exempt from disclosure. The
request should also include a statement of the information in such combined or summary form that alleged
trade secrets or other protected information and the identity of the submitting party would not be disclosed. This
request need not be made with respect
to information which was submitted to
the Secretary, an SAA or a PIA prior
to the effective date of these regulations.
(d) Request for information from PIAs
or SAAs. Whenever a PIA or SAA receives requests for disclosure of information, it shall disclose the information unless the party from which the
information was originally obtained
has submitted to the PIA or SAA a request that the information not be disclosed under paragraph (c) of this section, except that the PIA or SAA shall
be governed by the provisions of 24
CFR part 16 (40 FR 39729) relating to
the Privacy Act which may limit the
disclosure of information. If a request
for nondisclosure under paragraph (c)
of this section has been received with
respect to information whose disclosure is requested, the PIA or SAA shall
refer the matter to the Secretary within 5 days of the request for disclosure.
If a PIA or SAA receives a request for
disclosure of information related to
this program, which information was
submitted to the PIA or SAA prior to
the effective date of these regulations,
the PIA or SAA shall refer the request
for nondisclosure and required information to the Secretary.
[41 FR 19852, May 13, 1976, as amended at 61
FR 10860, Mar. 15, 1996]
Subpart C—Rules and Rulemaking
Procedures
§ 3282.101
Generally.
Procedures that apply to the formulation, issuance, amendment, and revocation of rules pursuant to the Act
are governed by the Act, the Administrative Procedure Act, 5 U.S.C. 551 et
seq., and part 10 of this title, except
that the Secretary shall respond to a
petition for rulemaking by an interested party within 180 days of receipt
of the petition.
[61 FR 10860, Mar. 15, 1996]
§ 3282.111 Petitions for
ation of final rules.
reconsider-
(a) Definition. A petition for reconsideration of a final rule issued by the
Secretary is a request in writing from
any interested person which must be
received not later than 60 days after
publication of the rule in the FEDERAL
REGISTER. The petition shall state that
it is a petition for reconsideration of a
final rule, and shall contain an explanation as to why compliance with the
rule is not practicable, is unreasonable,
or is not in the public interest. If the
petitioner requests the consideration of
additional facts, the petitioner shall
state the reason they were not presented to be treated as petitions for
rulemaking.
(b) Proceedings on petitions for reconsideration. The Secretary may grant or
deny, in whole or in part, any petition
for reconsideration without further
proceedings. The Secretary may issue a
final decision on reconsideration without further proceeding, or may provide
such opportunity to submit comments
or information and data as the Secretary deems appropriate.
(c) Unless the Secretary determines
otherwise, the filing of a petition under
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Office of Asst. Sec. for Housing, HUD
§ 3282.152
this section does not stay the effectiveness of the rule in question.
(d) Any party seeking to challenge
any rule or regulation issued under the
Act, except orders issued under section
604 42 U.S.C. 5403, if the challenge is
brought before the expiration of the 60
day period set out in paragraph (a) of
this section, shall file a timely petition
for reconsideration under this section
prior to seeking any other remedy.
§ 3282.113 Interpretative bulletins.
When appropriate, the Secretary
shall issue interpretative bulletins interpreting the standards under the authority of § 3280.9 of this chapter or interpreting the provisions of this part.
Issuance of interpretative bulletins
shall be treated as rulemaking under
this subpart C unless the Secretary
deems such treatment not to be in the
public interest and the interpretation
is not otherwise required to be treated
as rulemaking. All interpretative bulletins shall be indexed and made available to the public at the Manufactured
Housing Standards Division and a copy
of the index shall be published periodically in the FEDERAL REGISTER.
[61 FR 10860, Mar. 15, 1996]
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Subpart D—Informal and Formal
Presentations of Views, Hearings and Investigations
§ 3282.151 Applicability and scope.
(a) This subpart sets out procedures
to be followed when an opportunity to
present views provided for in the Act is
requested by an appropriate party. Section 3282.152 provides for two types of
procedures that may be followed, one
informal and nonadversary, and one
more formal and adversary. Section
3282.152 also sets out criteria to govern
which type of procedure will be followed in particular cases.
(b) The procedures of § 3282.152 also
apply to:
(1) Proceedings held by the Secretary
whenever the suspension or disqualification of a primary inspection agency, which has been granted final approval, is recommended under § 3282.356
of these regulations, and
(2) Resolution of disputes where an
SAA or manufacturer disagrees with a
determination of a DAPIA under
§ 3282.361 that a manufactured home design does or does not conform to the
standards or that a quality assurance
manual is or is not adequate with a decision by an IPIA to red tag or not to
red tag or to provide or not to provide
a certification label for a manufactured home under § 3282.362 when the
IPIA believes that the manufactured
home does or does not conform to the
standards.
(c) The procedures set out in § 3282.152
shall also be followed whenever State
Administrative Agencies hold Formal
or Informal Presentations of Views
under § 3282.309.
(d) To the extent that these regulations provide for Formal or Informal
Presentations of Views for parties that
would otherwise qualify for hearings
under 2 CFR part 2424, the procedures
of 2 CFR part 2424 shall not be available and shall not apply.
[41 FR 19852, May 13, 1976, as amended at 51
FR 34467, Sept. 29, 1986; 61 FR 10442, Mar. 13,
1996; 72 FR 73497, Dec. 27, 2007]
§ 3282.152 Procedures to present views
and evidence.
(a) Policy. All Formal and Informal
Presentations of Views under this subpart shall be public, unless, for good
cause, the Secretary determines it is in
the public interest that a particular
proceeding should be closed. If the Secretary determines that a proceeding
should be closed, the Secretary shall
state and make publicly available the
basis for that determination.
(b) Request. Upon receipt of a request
to present views and evidence under
the Act, the Secretary shall determine
whether the proceeding will be a Formal or an Informal Presentation of
Views, and shall issue a notice under
paragraph (c) of this section.
(c) Notice. When the Secretary decides to conduct a Formal or an Informal Presentation of Views under this
section, the Secretary shall provide notice as follows:
(1) Except where the need for swift
resolution of the question involved prohibits it, notice of a proceeding hereunder shall be published in the FEDERAL REGISTER at least 10 days prior to
the date of the proceeding. In any case,
notice shall be provided to interested
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§ 3282.152
24 CFR Ch. XX (4–1–10 Edition)
persons to the maximum extent practicable. Direct notice shall be sent by
certified mail to the parties involved in
the hearing.
(2) The notice, whether published or
mailed, shall include a statement of
the time, place and nature of the proceeding; reference to the authority
under which the proceeding will be
held; a statement of the subject matter
of the proceeding, the parties and
issues involved; and a statement of the
manner in which interested persons
shall be afforded the opportunity to
participate in the hearing.
(3) The notice shall designate the official who shall be the presiding officer
for the proceedings and to whom all inquiries should be directed concerning
such proceedings.
(4) The notice shall state whether the
proceeding shall be held in accordance
with the provisions of paragraph (f)—
(Informal Presentation of Views) or
paragraph (g)—(Formal Presentation of
Views) of this section, except that
when the Secretary makes the determinations provided for in sections 623
(d) and (f) of the Act, the requirements
of paragraph (g) of this section shall
apply. In determining whether the requirements of paragraph (f) or those of
paragraph (g) of this section shall
apply the Secretary shall consider the
following:
(i) The necessity for expeditious action;
(ii) The risk of injury to affected
members of the public;
(iii) The economic consequences of
the decisions to be rendered; and
(iv) Such other factors as the Secretary determines are appropriate.
(d) Department representative. If the
Department is to be represented by
Counsel, such representation shall be
by a Department hearing attorney designated by the General Counsel.
(e) Reporting and transcription. Oral
proceedings shall be stenographically
or mechanically reported and transcribed under the supervision of the
presiding officer, unless the presiding
officer and the parties otherwise agree,
in which case a summary approved by
the presiding officer shall be kept. The
original transcript or summary shall
be a part of the record and the sole official transcript, or summary. A copy of
the transcript or summary shall be
available to any person at a fee established by the Secretary, which fee the
Secretary may waive in the public interest. Any information contained in
the transcript or summary which
would be exempt from required disclosure under § 3282.54 of these regulations
may be protected from disclosure if appropriate under that section upon a request for such protection under
§ 3282.54(c).
(f) Informal presentation of views. (1)
An Informal Presentation of Views
may be written or oral, and may include an opportunity for an oral presentation, whether requested or not,
whenever the Secretary concludes that
an oral presentation would be in the
public interest, and so states in the notice. A presiding officer shall preside
over all oral presentations held under
this subsection. The purpose of any
such presentation shall be to gather information to allow fully informed decision making. Informal Presentations of
Views shall not be adversary proceedings. Oral presentations shall be
conducted in an informal but orderly
manner. The presiding officer shall
have the duty and authority to conduct
a fair proceeding, to take all necessary
action to avoid delay, and to maintain
order. In the absence of extraordinary
circumstances, the presiding officer at
an oral Informal Presentation of Views
shall not require that testimony be
given under an oath or affirmation, and
shall not permit either cross-examination of witnesses by other witnesses or
their representatives, or the presentation of rebuttal testimony by persons
who have already testified. The rules of
evidence prevailing in courts of law or
equity shall not control the conduct of
oral Informal Presentations of Views.
(2) Within 10 days after an Informal
Presentation of Views, the presiding officer shall refer to the Secretary all
documentary evidence submitted, the
transcript, if any, a summary of the
issues involved and information presented in the Informal Presentation of
Views and the presiding official’s recommendations, with the rationale
therefor. The presiding officer shall
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Office of Asst. Sec. for Housing, HUD
§ 3282.154
make any appropriate statements concerning the apparent veracity of witnesses or the validity of factual assertions which may be within the competence of the presiding officer. The
Secretary shall issue a Final Determination concerning the matters at
issue within 30 days of receipt of the
presiding officer’s summary. The Final
Determination shall include:
(i) A statement of findings, with specific references to principal supporting
items of evidence in the record and
conclusions, as well as the reasons or
bases therefor, upon all of the material
issues of fact, law, or discretion as presented on the record, and
(ii) An appropriate order. Notice of
the Final Determination shall be given
in writing and transmitted by certified
mail, return receipt requested, to all
participants in the presentation of
views. The Final Determination shall
be conclusive, with respect to persons
whose interests were represented.
(g) Formal presentation of views. (1) A
Formal Presentation of Views is an adversary proceeding and includes an opportunity for the oral presentation of
evidence. All witnesses shall testify
under oath or affirmation, which shall
be administered by the presiding officer. Participants shall have the right
to present such oral or documentary
evidence and to conduct such cross-examination as the presiding officer determines is required for a full and true
disclosure of facts. The presiding officer shall receive relevant and material
evidence, rule upon offers of proof and
exclude all irrelevant, immaterial or
unduly repetitious evidence. However,
the technicalities of the rules of evidence prevailing in courts of law or equity shall not control the conduct of a
Formal Presentation of Views. The presiding officer shall take all necessary
action to regulate the course of the
Formal Presentation of Views to avoid
delay and to maintain order. The presiding officer may exclude the attorney
or witness from further participation
in the particular Formal Presentation
of Views and may render a decision adverse to the interests of the excluded
party in his absence.
(2) Decision. The presiding officer
shall make and file an initial written
decision on the matter in question. The
decision shall be filed within 10 days
after completion of the oral presentation. The decision shall include:
(i) A statement of findings of fact,
with specific references to principal
supporting items of evidence in the
record and conclusions, as well as the
reasons or bases therefor, upon all of
the material issues of law or discretion
presented on the record, and
(ii) An appropriate order.
The presiding officer’s decision shall be
final and shall constitute the Final Determination of the Secretary unless reversed or modified within 30 days by
the Secretary. Notice of the Final Determination shall be given in writing,
and transmitted by registered or certified mail, return receipt requested, to
all participants in the proceeding. The
Final Determination shall be conclusive with respect to persons whose interests were represented.
[41 FR 19852, May 13, 1976, as amended at 51
FR 34467, Sept. 29, 1986]
§ 3282.153 Public participation in formal or informal presentation of
views.
(a) Any interested persons may participate, in writing, in any Formal or
Informal Presentation of Views held
under the provisions of paragraph (f) or
(g) of § 3282.152. The presiding officer
shall, to the extent practicable, consider any such written materials.
(b) Any interested person may participate in the oral portion of any Formal or Informal Presentation of Views
held under paragraphs (f) and (g) of
§ 3282.152 unless the presiding officer determines that participation should be
limited or barred so as not unduly to
prejudice the rights of the parties directly involved or unnecessarily to
delay the proceedings.
[51 FR 34468, Sept. 29, 1986]
§ 3282.154 Petitions for formal or informal presentations of views, and
requests for extraordinary interim
relief.
Any person entitled to a Formal or
an Informal Presentation of Views
under paragraph (f) or paragraph (g) of
§ 3282.152 in order to address issues as
provided for in § 3282.151(a) may petition the Secretary to initiate such a
Presentation of Views. The petition
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§ 3282.155
24 CFR Ch. XX (4–1–10 Edition)
may be accompanied by a request that
the Secretary provide appropriate interim relief pending the issuance of the
final determination or decision. No interim relief will be granted unless
there is a showing of extraordinary
cause. Upon receipt of a petition, the
Secretary shall grant the petition and
issue the notice provided for in
§ 3282.152(b) for Formal or Informal
Presentation of Views, and may grant,
deny or defer decision on any request
for interim relief.
[51 FR 34468, Sept. 29, 1986]
§ 3282.155
Investigations.
The procedures for investigations and
investigational proceedings are set
forth in part 3800 of this chapter.
[61 FR 10442, Mar. 13, 1996]
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§ 3282.156
Petitions for investigations.
(a) Any person may petition the Secretary in writing to open an investigation into whether noncompliances, defects, serious defects, or imminent
safety hazards exist in manufactured
homes. A petition shall include the reasons that the petitioner believes warrant an investigation, and it shall state
any steps which have previously been
taken to remedy the situation. The petition shall include all information
known to the petitioner concerning the
identity of manufactured homes which
may be affected and where those manufactured homes were manufactured.
The Secretary shall respond to petitions concerning alleged imminent
safety hazards and serious defects
within 60 days and to petitions alleging
the existence of defects or noncompliances within 120 days.
(b) Any person may petition the Secretary in writing to undertake an investigation for the purpose of determining whether a primary inspection
agency should be disqualified. The petition shall set out all facts and information on which the petition is based and
a detailed statement of why such information justifies disqualification. The
Secretary shall consider such petitions
when making determinations on final
acceptance and continued acceptance.
The Secretary shall respond to such petition within 120 days.
Subpart E—Manufacturer Inspection and Certification Requirements
§ 3282.201
Scope and purpose.
(a) This subpart sets out requirements which must be met by manufacturers of manufactured homes for sale
to purchasers in the United States with
respect to certification of manufactured home designs, inspection of designs, quality assurance programs, and
manufactured home production, and
certification of manufactured homes.
Other than references and a general description of responsibilities, this subpart does not set out requirements
with respect to remedial actions or reports which must be taken or filed
under the Act and these regulations.
(b) The purpose of this subpart is to
require manufacturers to participate in
a system of design approvals and inspections which serve to assist them in
assuring that manufactured homes
which they manufacture will conform
to Federal standards. Such approvals
and inspections provide significant protection to the public by decreasing the
number of manufactured homes with
possible defects in them, and provide
protection to manufacturers by reducing the number of instances in which
costly remedial actions must be undertaken after manufactured homes are
sold.
§ 3282.202 Primary inspection agency
contracts.
Each manufacturer shall enter into a
contract or other agreement with as
many Design Inspection Primary Inspection Agencies (DAPIAs) as it wishes and with enough Production Inspection Primary Inspection Agencies
(IPIAs) to provide IPIA services for
each manufacturing plant as set out in
this subpart and in subpart H of this
part. In return for the services provided by the DAPIAs and IPIAs, each
manufacturer shall pay such reasonable fees as are agreed upon between
the manufacturer and the primary inspection agency or, in the case of a
State acting as an exclusive IPIA
under § 3282.3 such fees as may be established by the State.
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Office of Asst. Sec. for Housing, HUD
§ 3282.203
§ 3282.203 DAPIA services.
(a) Each manufacturer shall have
each manufactured home design and
each quality assurance manual which
it intends to follow approved by a
DAPIA under § 3282.361. The manufacturer is free to choose which DAPIA
will evaluate and approve its designs
and quality assurance materials manufacturer may obtain design and quality
assurance manual approval from a single DAPIA regardless of the number of
plants in which the design and quality
assurance manual will be followed. A
manufacturer may also obtain approval
for the same design and quality assurance manual from more than one
DAPIA. The choice of which DAPIA or
DAPIAs to employ is left to the manufacturer.
(b) The manufacturer shall submit to
the DAPIA such information as the
DAPIA may require in order to carry
out design approvals. This information
shall, except where the manufacturer
demonstrates to the DAPIA that it is
not necessary, include the following:
(1) Construction drawings and/or
specifications showing structural details and layouts of frames, floors,
walls and roofs, and chassis; material
specifications, framing details, door locations, etc., for each floor plan proposed to be manufactured,
(2) Structural analysis and calculations, test data and/or other accepted
engineering practices used by the manufacturer to validate the design,
(3) Complete heat loss calculations
for each significant variation of home
design,
(4) Floor plans showing room arrangement and sizes, window sizes,
emergency exists and locations, locations of smoke alarms, fixed appliance
range hoods, and other standards related aspects of the manufactured
home that can be shown on the floor
plans,
(5) Diagrams of the fuel supply system, potable water system and drain,
waste and vent systems. The diagrams
shall specify the types of materials
used, types of fittings and methods of
installing required safety equipment,
(6) Wiring diagrams, including circuit
allocation of electrical load and branch
circuit calculations, a table of the
branch circuit protection provided, the
type of wiring used, and wiring methods,
(7) Details showing the design of air
supply and return systems,
(8) Details of chassis construction,
components, connections and running
gear including rating capacities of
tires,
(9) A list of fixed and portable appliances furnished with the manufactured
home, including type of appliance, rating of appliance, and applicable minimum and maximum performance ratings and/or energy requirements,
(10) Detailed manufacturer installation instructions including specifications and procedures for the erection
and hook-up of the home at its permanent location, and
(11) Reports of all tests that were run
to validate the conformance of the design to the standards.
(c) The manufacturer shall submit to
the DAPIA such information as the
DAPIA may require in order to carry
out quality assurance manual approvals. At a minimum, this information
shall include the quality assurance
manual for which approval is sought.
That manual shall include the manufacturer’s quality assurance program,
an organizational chart showing the
accountability, by position, of the
manufacturer’s quality control personnel, a description of production
tests and test equipment required for
compliance with the standards, a station-by-station description of the manufacturing process, a list of quality
control inspections required by the
manufacturer at each station, and
identification by title of each person
who will be held accountable for each
quality control inspection.
(d) Manufacturers may be required to
furnish supplementary information to
the DAPIA if the design information or
the quality assurance manual is not
complete or if any information is not
in accordance with accepted engineering practice.
(e) When a manufacturer wishes to
make a change in an approved design
or quality assurance manual, the manufacturer shall obtain the approval of
the DAPIA which approved the design
or manual prior to production for sale.
The procedures for obtaining such approval are set out in § 3282.361.
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§ 3282.204
24 CFR Ch. XX (4–1–10 Edition)
(f) The information to be submitted
to a DAPIA under § 3282.203 (b) and (c)
may be prepared by the manufacturer’s
staff or outside consultants, including
other DAPIAs. However, a DAPIA may
not perform design or quality assurance manual approvals for any manufacturer whose design or manual has
been created or prepared in whole or in
part by members of the DAPIA’s organization or of any affiliated organization.
(g) Each manufacturer shall maintain a copy of the drawings, specifications, and sketches from each approved
design received from a DAPIA under
§ 3282.361(b)(4) in each plant in which
manufactured homes are being produced to the design. Each manufacturer shall also maintain in each manufacturing plant a copy of the approved
quality assurance manual received
from a DAPIA under § 3282.361(c)(3) that
is being followed in the plant. These
materials shall be kept current and
shall be readily accessible for use by
the Secretary or other parties acting
under these regulations.
cprice-sewell on DSK89S0YB1PROD with CFR
[41 FR 19852, May 13, 1976, as amended at 67
FR 12818, Mar. 19, 2002]
§ 3282.204 IPIA services.
(a) Each manufacturer shall obtain
the services of an IPIA as set out in
§ 3282.362 for each manufacturing plant
operated by the manufacturer.
(b) The manufacturer shall make
available to the IPIA operating in each
of its plants a copy of the drawings and
specifications from the DAPIA approved design and the quality assurance manual for that plant, and the
IPIA shall perform an initial factory
inspection as set out in § 3282.362(b). If
the IPIA issues a deviation report after
the initial factory inspection, the manufacturer shall make any corrections
or adjustments which are necessary to
conform with the DAPIA approved designs and manuals. After the corrections required by the deviation report
are completed to the satisfaction of the
IPIA, the IPIA shall issue the certification
report
as
described
in
§ 3282.362(b)(2). In certain instances a
DAPIA may provide the certification
report. (See § 3282.362) The manufacturer shall maintain a current copy of
each certification report in the plant
to which the certification report relates.
(c) After the certification report has
been signed by the IPIA, the manufacturer shall obtain labels from the IPIA
and shall affix them to completed manufactured homes as set out in
§ 3282.362(c)(2). During the initial factory certification, the IPIA may apply
labels to manufactured homes which it
knows to be in compliance with the
standards if it is performing complete
inspections of all phases of production
of each manufactured home and the
manufacturer authorizes it to apply labels.
(d) During the course of production
the manufacturer shall maintain a
complete set of approved drawings,
specifications, and approved design
changes for the use of the IPIA’s inspector and always available to that
inspector when in the manufacturing
plant.
(e) If, during the course of production, an IPIA finds that a failure to
conform to a standard exists in a manufactured home in production, the
manufacturer shall correct the failure
to confirm in any manufactured homes
still in the factory and held by distributors or dealers and shall carry out
remedial actions under §§ 3282.404 and
3282.405 with respect to any other manufactured homes which may contain
the same failure to conform.
§ 3282.205
Certification requirements.
(a) Every manufacturer shall make a
record of the serial number of each
manufactured home produced, and a
duly authorized representative of the
manufacturer shall certify that each
manufactured home has been constructed in accordance with the Federal standards. The manufacturer shall
furnish a copy of that certification to
the IPIA for the purpose of determining which manufactured homes are
subject to the notification and correction requirements of subpart I of this
part.
(b) Every manufacturer of manufactured homes shall certify on the data
plate as set out in § 3280.5 of chapter XX
of 24 CFR and § 3282.362(c)(3) that the
manufactured home is designed to
comply with the Federal manufactured
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Office of Asst. Sec. for Housing, HUD
§ 3282.207
home construction and safety standards in force at the time of manufacture in addition to providing other information required to be completed on
the data plate.
(c) Every manufacturer of manufactured homes shall furnish to the dealer
or distributor of each of its manufactured homes a certification that such
manufactured home, to the best of the
manufacturer’s knowledge and belief,
conforms to all applicable Federal construction and safety standards. This
certification shall be in the form of the
label provided by the IPIA under
§ 3282.362(c)(2). The label shall be affixed only at the end of the last stage
of production of the manufactured
home.
(d) The manufacturer shall apply a
label required or allowed by the regulations in this part only to a manufactured home that the manufacturer
knows by its inspections to be in compliance with the standards.
[41 FR 19852, May 13, 1976, as amended at 41
FR 24970, June 21, 1976; 61 FR 10860, Mar. 15,
1996]
cprice-sewell on DSK89S0YB1PROD with CFR
§ 3282.206 Disagreement with IPIA or
DAPIA.
Whenever a manufacturer disagrees
with a finding by a DAPIA or an IPIA
acting in accordance with subpart H of
this part, the manufacturer may request a Formal or Informal Presentation of Views as provided in § 3282.152.
The manufacturer shall not, however,
produce manufactured homes pursuant
to designs which have not been approved by a DAPIA or produce manufactured homes which the relevant
IPIA believes not to conform to the
standards unless and until:
(a) The Secretary determines that
the manufacturer is correct in believing the design of the manufactured
home conforms to the standards; or
(b) Extraordinary interim relief is
granted under § 3282.154; or
(c) The DAPIA or IPIA otherwise resolves the disagreement.
[41 FR 19852, May 13, 1976, as amended at 51
FR 34468, Sept. 29, 1986; 61 FR 10860, Mar. 15,
1996]
§ 3282.207 Manufactured home
sumer manual requirements.
(a) The manufacturer shall provide a
consumer manual with each manufactured home that enters the first stage
of production on or after July 31, 1977,
pursuant to section 617 of the National
Manufactured Housing Construction
and Safety Standards Act, 42 U.S.C.
5416.
(b) The manufacturer shall provide
the consumer manual by placing a
manual in each such manufactured
home before the manufactured home
leaves the manufacturing plant. The
manual shall be placed in a conspicuous location in a manner likely to
assure that it is not removed until the
purchaser removes it.
(c) If a manufacturer is informed that
a purchaser did not receive a consumer
manual, the manufacturer shall provide the appropriate manual to the
purchaser within 30 days of being so informed.
(d) No dealer or distributor may
interfere with the distribution of the
consumer manual. When necessary, the
dealer or distributor shall take any appropriate steps to assure that the purchaser receives a consumer manual
from the manufacturer.
(e) Dispute resolution information. (1)
The manufacturer must include the following language under a heading of
‘‘Dispute Resolution Process’’ in the
consumer manual:
Many states have a consumer assistance or
dispute resolution program that homeowners
may use to resolve problems with manufacturers, retailers, or installers concerning defects in their manufactured homes that
render part of the home unfit for its intended
use. Such state programs may include a
process to resolve a dispute among a manufacturer, a retailer, and an installer about
who will correct the defect. In states where
there is not a dispute resolution program
that meets the federal requirements, the
HUD Manufactured Home Dispute Resolution Program will operate. These are ‘‘HUDadministered states.’’ The HUD Manufactured Home Dispute Resolution Program is
not for cosmetic or minor problems in the
home. You may contact the HUD Manufactured Housing Program Office at (202) 708–
6423 or (800) 927–2891, or visit the HUD
website at www.hud.gov to determine whether your state has a state program or whether
you should use the HUD Manufactured Home
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§ 3282.207
24 CFR Ch. XX (4–1–10 Edition)
Dispute Resolution Program. Contact information for state programs is also available
on the HUD website. If your state has a state
program, please contact the state for information about the program, how it operates,
and what steps to take to request dispute
resolution. When there is no state dispute
resolution program, a homeowner may use
the HUD Manufactured Home Dispute Resolution Program to resolve disputes among
the manufacturer, retailer, and installer
about responsibility for the correction or repair of defects in the manufactured home
that were reported during the 1-year period
starting on the date of installation. Even
after the 1-year period, manufacturers have
continuing responsibility to review certain
problems that affect the intended use of the
manufactured home or its parts, but for
which correction may no longer be required
under federal law.
cprice-sewell on DSK89S0YB1PROD with CFR
(2) The manufacturer must include
the following language under a heading
of ‘‘Additional Information ‘‘ HUD
Manufactured Home Dispute Resolution Program’’ in the consumer manual:
The steps and information outlined below
apply only to the HUD Manufactured Home
Dispute Resolution Program that operates in
HUD-administered states, as described under
the heading ‘‘Dispute Resolution Information’’ in this manual. Under the HUD Manufactured Home Dispute Resolution Program,
homeowners must report defects to the manufacturer, retailer, installer, a State Administrative Agency, or HUD within 1 year after
the date of the first installation. Homeowners are encouraged to report defects in
writing, including, but not limited to, email,
written letter, certified mail, or fax, but
they may also make a report by telephone.
To demonstrate that the report was made
within 1 year after the date of installation,
homeowners should report defects in a manner that will create a dated record of the report: for example, by certified mail, by fax,
or by email. When making a report by telephone, homeowners are encouraged to make
a note of the phone call, including names of
conversants, date, and time. No particular
format is required to submit a report of an
alleged defect, but any such report should at
a minimum include a description of the alleged defect, the name of the homeowner,
and the address of the home.
Homeowners are encouraged to send reports of an alleged defect first to the manufacturer, retailer, or installer of the manufactured home, or a State Administrative
Agency. Reports of alleged defects may also
be sent to HUD at: HUD, Office of Regulatory
Affairs and Manufactured Housing, Attn:
Dispute Resolution, 451 Seventh Street, SW.,
Washington, DC 20410–8000; faxed to (202) 708–
4213; e-mailed to [email protected], or reported
telephonically at (202) 708–6423 or (800) 927–
2891.
If, after taking the steps outlined above,
the homeowner does not receive a satisfactory response from the manufacturer, retailer, or installer, the homeowner may file
a dispute resolution request with the dispute
resolution provider in writing, or by making
a request by phone. No particular format is
required to make a request for dispute resolution, but the request should generally include the following information:
(1) The name, address, and contact information of the homeowner;
(2) The name and contact information of
the manufacturer, retailer, and installer of
the manufactured home;
(3) The date or dates the report of the alleged defect was made;
(4) Identification of the entities or persons
to whom each report of the alleged defect
was made and the method that was used to
make the report;
(5) The date of installation of the manufactured home affected by the alleged defect;
and
(6) A description of the alleged defect.
Information about the dispute resolution
provider and how to make a request for dispute resolution is available at http://
www.hud.gov or by contacting the Office of
Manufactured Housing Programs at (202) 708–
6423 or (800) 927–2891.
A screening agent will review the request
and, as appropriate, forward the request to
the manufacturer, retailer, installer, and
mediator. The mediator will mediate the dispute and attempt to facilitate a settlement.
The parties to a settlement include, as applicable, the manufacturer, retailer, and installer. If the parties are unable to reach a
settlement that results in correction or repair of the alleged defect, any party or the
homeowner may request nonbinding arbitration. Should any party refuse to participate,
the arbitration shall proceed without that
party’s input. Once the arbitrator makes a
non-binding recommendation, the arbitrator
will forward it to the parties and HUD. HUD
will have the option of adopting, modifying,
or rejecting the recommendation when
issuing an order requiring the responsible
party or parties to make any corrections or
repairs in the home. At any time before HUD
issues a final order, the parties may submit
an offer of settlement to HUD that may, at
HUD’s discretion, be incorporated into the
order.
In circumstances where the parties agree
that one or more of them, and not the homeowner, is responsible for the alleged defect,
the parties will have the opportunity to resolve the dispute outside of the HUD Mediation and Arbitration process by using the
Alternative Process. Homeowners will maintain the right to be informed in writing of
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Office of Asst. Sec. for Housing, HUD
§ 3282.211
the outcome when the Alternative Process is
used, within 5 days of the outcome. At any
time after 30 days of the Alternative Process
notification, any participant or the homeowner may invoke the HUD Manufactured
Home Dispute Resolution Program and proceed to mediation.
The HUD Manufactured Home Dispute Resolution Program is not a warranty program
and does not replace the manufacturer’s or
any other warranty program.
(f) If a consumer manual or a change
or revision to a manual does not substantially comply with the guidelines
issued by HUD, the manufacturer shall
cease distribution of the consumer
manual and shall provide a corrected
manual for each manufactured home
for which the inadequate or incorrect
manual or revision was provided. A
manual substantially complies with
the guidelines if it includes the language in paragraph (e) of this section
and presents current material on each
of the subjects covered in the guidelines in sufficient detail to inform consumers about the operation, maintenance, and repair of manufactured
homes. An updated copy of guidelines
published in the FEDERAL REGISTER on
March 15, 1996, can be obtained by contacting the Office of Manufactured
Housing and Regulatory Functions, Department of Housing and Urban Development, 451 Seventh Street, SW.,
Washington, DC, 20410; the Information
Center, Department of Housing and
Urban Development, Room 1202, 451
Seventh Street, SW., Washington, DC,
20410; or any HUD Area or State Office.
cprice-sewell on DSK89S0YB1PROD with CFR
[61 FR 10860, Mar. 15, 1996, as amended at 72
FR 27228, May 14, 2007]
§ 3282.208 Remedial actions—general
description.
(a) Notification. A manufacturer may
be required to provide formal notice to
manufactured home owners and dealers, as set out in subpart I of this part,
if the manufacturer, the Secretary, or
a State Administrative Agency determines under that subpart that an imminent safety hazard, serious defect,
defect, or noncompliance exists or may
exist in a manufactured home produced
by that manufacturer.
(b) Correction. A manufacturer may
be required to correct imminent safety
hazards and serious defects which the
manufacturer or the Secretary deter-
mines under subpart I exist in manufactured homes produced by the manufacturer. This correction would be carried out in addition to the sending of
formal notice as described in paragraph
(a) of this section.
(c) Cooperation. The manufacturer
shall be responsible for working with
the DAPIA, IPIA, any SAA, the Secretary, and the Secretary’s agent as
necessary in the course of carrying out
investigations and remedial actions
under subpart I.
(d) Avoidance of formalities. The provisions for notification and required correction outlined in paragraphs (a) and
(b) of this section and described more
fully in subpart I may be waived or
avoided in certain circumstances under
that subpart.
§ 3282.209
Report requirements.
The manufacturer shall submit reports to the PIAs, SAAs, and the Secretary as required by subpart L of
these regulations.
§ 3282.210
Payment of monitoring fee.
(a) Each manufacturer shall pay the
monitoring
fee
established
under
§§ 3282.307 and 3282.454 for each transportable section of each manufactured
housing unit that it manufactures
under the Federal standards.
(b) The monitoring fee shall be paid
in the form of a check made payable to
the Secretary or the Secretary’s agent.
The manufacturer shall give to the
IPIA (or to any other person or agency
designated in writing by the Secretary)
the required check in the amount of
the number of labels, as required by
§ 3282.365, multiplied by the amount of
the fee per transportable section of
each manufactured housing unit.
[50 FR 28398, July 12, 1985]
§ 3282.211
Record of purchasers.
(a) Information requirements for purchasers. (1) Every manufacturer of manufactured homes shall, for each manufactured home manufactured under the
Federal standards, provide with the
manufactured home a booklet containing at least 3 detachable cards as
described in paragraph (a)(2) of this
section. On the front of the booklet, in
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§ 3282.251
24 CFR Ch. XX (4–1–10 Edition)
bold faced type, shall be printed the
following language:
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‘‘Keep this booklet with your manufactured home. Title VI of the Housing and
Community Development Act of 1974 provides you with protection against certain
construction and safety hazards in your
manufactured home. To help assure your
protection, the manufacturer of your manufactured home needs the information which
these cards, when completed and mailed, will
supply. If you bought your home from a dealer, please be sure that your dealer has completed and mailed a card for you. If you acquired your home from someone who is not a
dealer, you should promptly fill out and send
a card to the manufacturer. It is important
that you keep this booklet and give it to any
person who buys the manufactured home
from you.’’
(2) The detachable cards shall contain blanks for the following information:
(i) Name and address of the dealer or
other person selling the manufactured
home to the purchaser;
(ii) Name and complete mailing address of the manufactured home purchaser;
(iii) Address where the manufactured
home will be located, if not the same as
item (a)(2)(ii) of this section.
(iv) Date of sale to the purchaser;
(v) Month, day and year of manufacture;
(vi) Identification number of the
manufactured home;
(vii) Model and/or type designation of
the manufactured home as provided by
the manufacturer; and
(viii) A designation of the zones for
which the manufactured home is
equipped, as set forth in § 3280.305 in
this title.
Additionally, the cards shall have the
name and address of the manufacturer
printed clearly on the reverse side and
shall contain adequate postage or business reply privileges to ensure return
to the manufacturer. The manufacturer shall have the responsibility for
filing in the blanks on the cards for
paragraphs (a)(2) (v), (vi), (vii), and
(viii) of this section.
(3) The manufacturer shall maintain
all cards received so that the manufacturer has a readily accessible record of
the current purchaser or owner and the
current address of all manufactured
homes manufactured by it for which a
card has been received.
Subpart F—Dealer and Distributor
Responsibilities
§ 3282.251
Scope and purpose.
(a) This subpart sets out the responsibilities which shall be met by distributors and dealers with respect to
manufactured homes manufactured
after the effective date of the standards
for sale to purchasers in the United
States. It prohibits the sale, lease, or
offer for sale or lease of manufactured
homes known by the distributor or
dealer not to be in conformance with
the standards, and it includes responsibilities for maintaining certain
records and assisting in the gathering
of certain information.
(b) The purpose of this subpart is to
inform distributors and dealers when
they may sell manufactured homes,
when they are prohibited from selling
manufactured homes, and what they
may do in order to prepare a manufactured home for sale if it is not in conformance with the standards.
(c) For purposes of this part, any
manufacturer or distributor who sells,
leases, or offers for sale or lease a manufactured home to a purchaser shall be
a dealer for purposes of that transaction.
§ 3282.252
Prohibition of sale.
(a) No distributor or dealer shall
make use of any means of transportation affecting interstate or foreign
commerce or the mails to sell, lease, or
offer for sale or lease in the United
States any manufactured home manufactured on or after the effective date
of an applicable standard unless:
(1) There is affixed to the manufactured home a label certifying that the
manufactured home conforms to applicable
standards
as
required
by
§ 3282.205(c), and
(2) The distributor or dealer, acting
as a reasonable distributor or dealer,
does not know that the manufactured
home does not conform to any applicable standards.
(b) This prohibition applies to any affected manufactured homes until the
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§ 3282.255
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completion of the entire sales transaction. A sales transaction with a purchaser is considered completed when
all the goods and services that the
dealer agreed to provide at the time
the contract was entered into have
been provided. Completion of a retail
sale will be at the time the dealer completes set-up of the manufactured home
if the dealer has agreed to provide the
set-up, or at the time the dealer delivers the home to a transporter, if the
dealer has not agreed to transport or
set up the manufactured home, or to
the site if the dealer has not agreed to
provide set-up.
(c) This prohibition of sale does not
apply to manufactured homes which
are placed in production prior to the effective date of the standards, and it
does not apply to ‘‘used’’ manufactured
homes which are being sold or offered
for sale after the first purchase in good
faith for purposes other than the resale.
§ 3282.253 Removal of prohibition of
sale.
(a) If a distributor or dealer has a
manufactured home in its possession or
a manufactured home with respect to
which the sales transaction has not
been completed, and the distributor or
dealer, acting as a reasonable distributor or dealer, knows as a result of
notification by the manufacturer or
otherwise that the manufactured home
contains a failure to conform or imminent safety hazard, the distributor or
dealer may seek the remedies available
to him under § 3282.415.
(b)
When,
in
accordance
with
§ 3282.415, a manufacturer corrects a
failure to conform to the applicable
standard or an imminent safety hazard,
the distributor or dealer, acting as a
reasonable distributor or dealer, may
accept the remedies provided by the
manufacturer as having corrected the
failure to conform or imminent safety
hazard. The distributor or dealer,
therefore, may sell, lease, or offer for
sale or lease any manufactured home
so corrected by the manufacturer.
(c) When a distributor or dealer is authorized by a manufacturer to correct
a failure to conform to the applicable
standard or an imminent safety hazard
and completes the correction in ac-
cordance with the manufacturer’s instructions, the distributor or dealer
may sell, or lease or offer for sale or
lease the manufactured home in question, provided that the distributor or
dealer, acting as a reasonable distributor or dealer knows that the manufactured home conforms to the standards. A distributor or dealer and a
manufacturer, at the manufacturer’s
option, may agree in advance that the
distributor or dealer is authorized to
make such corrections as the manufacturer believes are within the expertise
of the dealer.
(d) If the corrections made under
paragraphs (b) and (c) of this section do
not bring the manufactured home into
conformance or correct the imminent
safety hazard, the provisions of
§ 3282.415 will continue in effect prior to
completion of the sales transaction.
§ 3282.254 Distributor and dealer alterations.
(a) If a distributor or dealer alters a
manufactured home in such a way as to
create an imminent safety hazard or to
create a condition which causes a failure to conform with applicable Federal
standards, the manufactured home affected may not be sold, leased, or offered for sale or lease.
(b) After correction by the distributor or dealer of the failure to conform or imminent safety hazard, the
corrected manufactured home may be
sold, leased, or offered for sale or lease.
(c) Distributors and dealers shall
maintain complete records of all alterations made under paragraphs (a) and
(b) of this section.
§ 3282.255 Completion of information
card.
(a) Whenever a distributor or dealer
sells a manufactured home subject to
the standards to a purchaser, the distributor or dealer shall fill out the card
with information provided by the purchaser and shall send the card to the
manufacturer. (See § 3282.211.)
(b) Whenever a distributor or dealer
sells a manufactured home to an owner
which was originally manufactured
under the standards, the distributor or
dealer shall similarly use one of the detachable cards which was originally
provided with the manufactured home.
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§ 3282.256
24 CFR Ch. XX (4–1–10 Edition)
If such a card is no longer available,
the distributor or dealer shall obtain
the information which the card would
require and send it to the manufacturer of the manufactured home in an
appropriate format.
§ 3282.256 Distributor or dealer complaint handling.
(a) When a distributor or dealer believes that a manufactured home in its
possession which it has not yet sold to
a purchaser contains an imminent safety hazard, serious defect, defect, or
noncompliance, the distributor or dealer shall refer the matter to the manufacturer for remedial action under
§ 3282.415. If the distributor or dealer is
not satisfied with the action taken by
the manufacturer, it may refer the
matter to the SAA in the state in
which the manufactured home is located, or to the Secretary if there is no
such SAA.
(b) Where a distributor or dealer receives a consumer complaint or other
information concerning a manufactured home sold by the distributor or
dealer, indicating the possible existence of an imminent safety hazard, serious defect, defect, or noncompliance
in the manufactured home, the distributor or dealer shall refer the matter to the manufacturer.
Subpart G—State Administrative
Agencies
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§ 3282.301
General—scope.
This subpart sets out procedures to
be followed and requirements to be met
by States which wish to participate as
State Administrative Agencies (SAA)
under the Federal standards enforcement program. Requirements relating
to States which wish to participate as
primary inspection agencies under the
Federal standards enforcement program are set out in subpart H of this
part. Requirements which States must
meet in order to receive full or conditional approval as SAAs and the responsibilities of such agencies are set
out in § 3282.302. Reporting requirements for approved and conditionally
approved SAAs are set out in subpart
L.
§ 3282.302 State plan.
A State wishing to qualify and act as
a SAA under this subpart shall make a
State Plan Application under this section. The State Plan Application shall
be made to the Director, Manufactured
Housing Standards Division, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410, and shall include:
(a) An original and one copy of a
cover sheet which shall show the following:
(1) The name and address of the State
agency designated as the sole agency
responsible for administering the plan
throughout the State,
(2) The name of the administrator in
charge of the agency,
(3) The name, title, address, and
phone number of the person responsible
for handling consumer complaints concerning standards related problems in
manufactured homes under subpart I of
this part,
(4) A list of personnel who will carry
out the State plan,
(5) The number of manufactured
home manufacturing plants presently
operating in the State,
(6) The estimated total number of
manufactured homes manufactured in
the State per year,
(7) The estimated total number of
manufactured homes set up in the
State per year, and
(8) A certification signed by the administrator in charge of the designated
State agency stating that, if it is approved by the Secretary, the State plan
will be carried out in full, and that the
regulations issued under the Act shall
be followed,
(b) An original and one copy of appropriate materials which:
(1) Demonstrate how the designated
State agency shall ensure effective
handling of consumer complaints and
other information referred to it that
relate to noncompliances, defects, serious defects or imminent safety hazards
as set out in subpart I of this part, including the holding of Formal and Informal Presentations of Views and the
fulfilling of all other responsibilities of
SAAs as set out in this subpart G,
(2) Provide that personnel of the designated agency shall, under State law
or as agents of HUD, have the right at
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Office of Asst. Sec. for Housing, HUD
§ 3282.302
any reasonable time to enter and inspect all factories, warehouses, or establishments in the State in which
manufactured homes are manufactured,
(3) Provide for the imposition under
State authority of civil and criminal
penalties which are identical to those
set out in section 611 of the Act, 42
U.S.C. 5410 except that civil penalties
shall be payable to the State rather
than to the United States,
(4) Provide for the notification and
correction procedures under subpart I
of this part where the State Administrative Agency is to act under that
subpart by providing for and requiring
approval by the State Administrative
Agency of the plan for notification and
correction described in § 3282.410, including approval of the number of units
that may be affected and the proposed
repairs, and by providing for approval
of corrective actions where appropriate
under subpart I,
(5) Provide for oversight by the SAA
of:
(i) Remedial actions carried out by
manufacturers for which the SAA approved the plan for notification or correction under § 3282.405, or § 3282.407, or
for which the SAA has waived formal
notification under § 3282.405 or § 3282.407,
and
(ii) A manufacturer’s handling of
consumer complaints and other information under § 3282.404 as to plants located within the State,
(6) Provide for the setting of monitoring inspection fees in accordance
with guidelines established by the Secretary and provide for participation in
the fee distribution system set out in
§ 3282.307.
(7) Contain satisfactory assurances in
whatever form is appropriate under
State law that the designated agency
has or will have the legal authority
necessary to carry out the State plan
as submitted for full or conditional approval,
(8) Contain satisfactory assurances
that the designated agency has or will
have, in its own staff or provided by
other agencies of the state or otherwise, the personnel, qualified by education or experience necessary to carry
out the State plan,
(9) Include the resumes of administrative personnel in policy making positions and of all inspectors and engineers to be utilized by the designated
agency in carrying out the State plan,
(10) Include a certification that none
of the personnel who may be involved
in carrying out the State plan in any
way are subject to any conflict of interest of the type discussed in § 3282.359
or otherwise, except that members of
councils, committees, or similar bodies
providing advice to the designated
agency are not subject to the requirement,
(11) Include an estimate of the cost to
the State of carrying out all activities
called for in the State plan, under this
section and § 3282.303, which estimate
shall be broken down by particular
function and indicate the correlation
between the estimate and the number
of manufactured homes manufactured
in the State and the number of manufactured homes imported into the
State, and the relationship of these
factors to any fees currently charged
and any fees charged during the preceding two calendar years. A description of all current and past State activities with respect to manufactured
homes shall be included with this estimate.
(12) Give satisfactory assurances that
the State shall devote adequate funds
to carrying out its State plan,
(13) Indicate that State Law requires
manufacturers, distributors, and dealers in the State to make reports pursuant to section 614 of the Act 42 U.S.C.
5413 and this chapter of these regulations in the same manner and to the
same extent as if the State plan were
not in effect,
(14) Provide that the designated
agency shall make reports to the Secretary as required by subpart L of this
part in such form and containing such
information as the Secretary shall
from time to time require,
(c) A state plan may be granted conditional approval if all of the requirements of § 3282.302 (a) and (b) are met
except paragraphs (b)(2), (b)(3), (b)(6) or
(b)(13). When conditional approval is
given, the state shall not be considered
approved under section 623 of the Act,
42 U.S.C. 5422, but it will participate in
all phases of the program as called for
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§ 3282.303
24 CFR Ch. XX (4–1–10 Edition)
in its State plan. Conditional approval
shall last for a maximum of five years,
by which time all requirements shall
be met for full approval, or conditional
approval shall lapse. However, the Secretary may for good cause grant an extension of conditional approval upon
petition by the SAA.
(d) If a State wishes to discontinue
participation in the Federal enforcement program as an SAA, it shall provide the Secretary with a minimum of
90 days notice.
(e) Exclusive IPIA status. (1) A State
that wishes to act as an exclusive IPIA
under § 3282.352 shall so indicate in its
State Plan and shall include in the information provided under paragraph
(b)(11) of this section the fee schedule
for the State’s activities as an IPIA
and the relationship between the proposed fees and the other information
provided under paragraph (b)(11) of this
section. If the Secretary determines
that the fees to be charged by a State
acting as an IPIA are unreasonable, the
Secretary shall not grant the State
status as an exclusive IPIA.
(2) The State shall also demonstrate
in its State Plan that it has the
present capability to act as an IPIA for
all plants operating in the State.
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[41 FR 19852, May 13, 1976, as amended at 47
FR 5888, Feb. 9, 1982; 51 FR 34468, Sept. 29,
1986; 61 FR 10860, Mar. 15, 1996]
§ 3282.303 State plan—suggested provisions.
The following are not required to be
included in the State plan, but they are
urged as necessary to provide full consumer protection and assurances of
manufactured home safety:
(a) Provision for monitoring of dealers’ lots within the State for transit
damage, seal tampering, and dealer
performance generally,
(b) Provision of approvals of all alterations made to certified manufactured
homes by dealer in the State. Under
this program, the State would assure
that alterations did not result in the
failure of the manufactured home to
comply with the standards.
(c) Provision for monitoring of the
installation of manufactured homes set
up in the State to assure that the
homes are properly installed and,
where necessary, tied down,
(d) Provision for inspection of used
manufactured homes and requirements
under State authority that used manufactured homes meet a minimal level
of safety and durability at the time of
sale, and,
(e) Provision for regulation of manufactured home transportation over the
road to the extent that such regulation
is not preempted by Federal authority.
§ 3282.304 Inadequate State plan.
If the Secretary determines that a
State plan submitted under this subpart is not adequate, the designated
State agency shall be informed of the
additions and corrections required for
approval. A revised State plan shall be
submitted within 30 days of receipt of
such determination. If the revised
State plan is inadequate or if the State
fails to resubmit within the 30 day period or otherwise indicates that it does
not intend to change its State plan as
submitted, the Secretary shall notify
the designated State agency that the
State plan is not approved and that it
has a right to a hearing on the disapproval in accordance with subpart D
of this part.
§ 3282.305 State plan approval.
The Secretary’s approval or conditional approval of a State plan Application shall qualify that State to perform the functions for which it has
been approved.
§ 3282.306 Withdrawal of State approval.
The Secretary shall, on the basis of
reports submitted by the State, and on
the basis of HUD monitoring, make a
continuing evaluation of the manner in
which each State is carrying out its
State plan and shall submit the reports
of such evaluation to the appropriate
committees of the Congress. Whenever
the Secretary finds, after affording due
notice and opportunity for a hearing in
accordance with subpart D of this part,
that in the administration of the State
program there is a failure to comply
substantially with any provision of the
State plan or that the State plan has
become inadequate, the Secretary shall
notify the State of withdrawal of approval or conditional approval of the
State program. The State program
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§ 3282.307
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shall cease to be in effect at such time
as the Secretary may establish.
§ 3282.307 Monitoring inspection fee
establishment and distribution.
(a) Each approved State shall establish a monitoring inspection fee in an
amount required by the Secretary.
This fee shall be an amount paid by
each manufactured home manufacturer
in the State for each transportable section of each manufactured housing unit
produced by the manufacturer in that
State. In non-approved and conditionally-approved States, the fee shall
be set by the Secretary.
(b) The monitoring inspection fee
shall be paid by the manufacturer to
the Secretary or to the Secretary’s
Agent, who shall distribute a portion of
the fees collected from all manufactured home manufacturers among the
approved and conditionally-approved
States in accordance with an agreement between the Secretary and the
States and based upon the following
formula:
(1) $9.00 of the monitoring inspection
fee collected for each transportable
section of each new manufactured
housing unit that, after leaving the
manufacturing plant, is first located on
the premises of a dealer, distributor, or
purchaser in that State; plus
(2) $2.50 of the monitoring inspection
fee collected for each transportable
section of each new manufactured
housing unit produced in a manufacturing plant in that State.
(c) A portion of the monitoring inspection fee collected also shall be distributed by the Secretary or the Secretary’s Agent based on the extent of
participation of the State in the Joint
Team Monitoring Program set out in
§ 3282.308.
(d) To assure that a State devotes
adequate funds to carry out its State
Plan, a State may impose an additional
reasonable inspection fee to offset expenses incurred by that State in conducting inspections. Such fee shall not
exceed that amount which is the difference between the amount of funds
distributed to the State as provided in
paragraph (b) of this section and the
amount necessary to cover the costs of
inspections. Such fee shall be part of
the State Plan pursuant to § 3282.302(b)
(11) and (12) and shall be subject to the
approval of the Secretary pursuant to
§ 3282.305.
(e) The Secretary may establish by
notice in the FEDERAL REGISTER a
monitoring inspection fee which is to
be paid by manufacturers for each
transportable section of each manufactured housing unit manufactured in
nonapproved and conditionally approved States as described in § 3282.210.
To determine the amount of the inspection fee to be paid for each transportable section of each manufactured
home, the Secretary shall divide the
(estimated) number of transportable
sections of manufactured homes (based
on recent industry production figures)
into the anticipated aggregate cost of
conducting the inspection program in
the foreseeable feature. The time period selected for projecting the Department’s inspection-related costs and
number of transportable sections need
not always be the same, but must be
for a period of sufficient duration to
provide for access to reasonable underlying data. To determine the aggregate
cost of conducting the inspection program, the Secretary shall calculate the
sum necessary to support:
(1) Inspection-related activities of
State Administrative Agencies;
(2) Inspection-related activities performed by the Department of Housing
and Urban Development;
(3) Inspection-related activities performed by monitoring inspection contractors;
(4) Miscellaneous activities involving
the performance of inspection-related
activities by the Department, including on-site inspections on an ad hoc
basis; and
(5) Maintenance of adequate funds to
offset short-term fluctuations in costs
that do not warrant revising the fee
under the authority of this section.
(f) The Secretary may at any time revise the amount of the fees established
under paragraph (a) or (e) of this section by placing a notice of the amount
of the revised fee in the FEDERAL REGISTER.
[50 FR 28398, July 12, 1985, as amended at 56
FR 65186, Dec. 16, 1991]
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§ 3282.308
24 CFR Ch. XX (4–1–10 Edition)
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§ 3282.308 State participation in monitoring of primary inspection agencies.
(a) An SAA may provide personnel to
participate in joint team monitoring of
primary inspection agencies as set out
in subpart J. If an SAA wishes to do so,
it must include in its State plan a list
of what personnel would be supplied for
the teams, their qualifications, and
how many person-years the State
would supply. All personnel will be subject to approval by the Secretary or
the Secretary’s agent. A person-year is
2,080 hours of work.
(b) If an SAA wishes to monitor the
performance of primary inspection
agencies acting within the State, it
must include in its State plan a description of how extensively, how
often, and by whom this will be carried
out. This monitoring shall be coordinated by the Secretary, or the Secretary’s agent with monitoring carried
out by joint monitoring teams, and in
no event shall an SAA provide monitoring where the State is also acting as
a primary inspection agency.
§ 3282.309 Formal and informal presentations of views held by SAAs.
(a) When an SAA is the appropriate
agency to hold a Formal or Informal
Presentation of Views under § 3282.407
of subpart I, the SAA shall follow the
procedures set out in §§ 3282.152 and
3282.153, with the SAA acting as the
Secretary otherwise would under that
section. Where § 3282.152 requires publication of notice in the FEDERAL REGISTER, the SAA shall, to the maximum
extent possible, provide equivalent notice throughout the State by publication in the newspaper or newspapers
having State-wide coverage or otherwise. The determination of whether to
provide an Informal Presentation of
Views under § 3282.152(f), or a Formal
Presentation
of
Views
under
§ 3282.152(g), is left to the SAA.
(b) Notwithstanding the provisions of
§ 3282.152(f)(2) and (g)(2) relating to the
conclusive effect of a final determination, any party, in a proceeding held at
an SAA under this section, including
specifically the owners of affected
manufactured homes, States in which
affected manufactured homes are located, consumer groups representing
affected owners and manufacturers
(but limited to parties with similar
substantial interest) may appeal to the
Secretary in writing any Final Determination by an SAA which is adverse
to the interest of that party. This appeal on the record shall be made within
30 days of the date on which the Final
Determination was made by the SAA.
[41 FR 19852, May 13, 1976, as amended at 51
FR 34468, Sept. 29, 1986]
Subpart H—Primary Inspection
Agencies
§ 3282.351
General.
(a) This subpart sets out the requirements which must be met by States or
private organizations which wish to
qualify as primary inspection agencies
under these regulations. It also sets
out the various functions which will be
carried out by primary inspection
agencies.
(b) There are four basic functions
which are performed by primary inspection agencies:
(1) Approval of the manufacturer’s
manufactured home design to assure
that it is in compliance with the standard;
(2) Approval of the manufacturer’s
quality control program to assure that
it is compatible with the design;
(3) Approval of the manufacturer’s
plant facility and manufacturing process to assure that the manufacturer
can perform its approved quality control program and can produce manufactured homes in conformance with its
approved design, and
(4) Performance of ongoing inspections of the manufacturing process in
each manufacturing plant to assure
that the manufacturer is continuing to
perform its approved quality control
program and, with respect to those aspects of manufactured homes inspected, is continuing to produce manufactured homes in performance with
its approved designs and in conformance
with
the
standards
(see
§ 3282.362(c)(1)).
(c) There are two types of primary inspection agencies which perform these
functions:
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§ 3282.353
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(1) Those which approve designs and
quality control programs (Design Approval Primary Inspection Agencies—
DAPIAs) and
(2) Those which approve plants and
perform ongoing inspections in the
manufacturing plants (Production Inspection Primary Inspection Agencies—IPIAs).
(d) States and private organizations
whose submissions under this subpart
are acceptable shall be granted provisional acceptance. Final acceptance
shall be conditioned upon adequate performance, which will be determined
through monitoring of the actions of
the primary inspection agencies. Monitoring of all primary inspection agencies shall be carried out as set out in
subpart J. HUD accepted agencies can
perform DAPIA functions for any manufacturer in any State and IPIA functions in any State except those in
which the State has been approved to
act as the exclusive IPIA under
§ 3282.352.
(e) Primary inspection agencies approved under this subpart may contract with manufactured home manufacturers (see § 3282.202) to provide the
services set out in this subpart. Any
PIA which charges fees which are excessive in relation to the services rendered shall be subject to disqualification under § 3282.356.
§ 3282.352 State exclusive IPIA functions.
(a) Any State which has an approved
State Administrative Agency may, if
accepted as an IPIA, act as the exclusive IPIA within the State. A State
which acts as an IPIA but is not approved as an SAA may not act as the
exclusive IPIA in the State. A State
which acts as an exclusive IPIA shall
be staffed to provide IPIA services to
all manufacturers within the state and
may not charge unreasonable fees for
those services.
(b) States which wish to act as exclusive IPIAs shall apply for approval to
do so in their State plan applications.
They shall specify the fees they will
charge for IPIA services and shall submit proposed fee revisions to the Secretary prior to instituting any change
in fees. If at any time the Secretary
finds that those fees are not commen-
surate with the fees generally being
charged for similar services, the Secretary will withhold or revoke approval
to act as an exclusive IPIA. States acting as DAPIAs and also as exclusive
IPIAs shall establish separate fees for
the two functions and shall specify
what additional services (such as approval of design changes and full time
inspections) these fees cover. As provided in § 3282.302(b)(11), each State
shall submit fee schedules for its activities and, where appropriate, the
fees presently charged for DAPIA and
IPIA services, and any fees charged for
DAPIA and IPIA services during the
preceding two calendar years.
(c) A State’s status as an exclusive
IPIA shall commence upon approval of
the State Plan Application and acceptance of the State’s submission under
§ 3282.355. Where a private organization
accepted or provisionally accepted as
an IPIA under this subpart H is operating in a manufacturing plant within
the State on the date the State’s status
as an exclusive IPIA commences, the
private organization may provide IPIA
services in that plant for 90 days after
that date.
[61 FR 10861, Mar. 15, 1996]
§ 3282.353 Submission format.
States and private organizations
which wish to act as primary inspection agencies shall submit to the Director, Manufactured Housing Standards
Division, Department of Housing and
Urban Development, 451 Seventh St.
SW., Washington, DC 20410, an application which includes the following:
(a) A cover sheet which shall show
the following:
(1) Name and address of the party
making the application;
(2) The capacity (DAPIA, IPIA) in
which the party wishes to be approved
to act;
(3) A list of the key personnel who
will perform the various functions required under these regulations;
(4) The number of manufactured
home manufacturers and manufacturing plants for which the submitting
party proposes to act in each of the capacities for which it wishes to be approved to act;
(5) The estimated total number of
manufactured homes produced by those
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§ 3282.354
24 CFR Ch. XX (4–1–10 Edition)
manufacturers and in those plants per
year;
(6) The number of years the proposed
primary inspection agency has been actively engaged in the enforcement of
manufactured home standards; and
(7) A certification by the party applying that it will follow the Federal manufactured home construction and safety standards set out at 24 CFR part 3280
and any interpretations of those standards which may be made by the Secretary.
(b) A detailed schedule of fees to be
charged broken down by the services
for which they will be charged.
(c) A detailed description of how the
submitting party intends to carry out
all of the functions for which it wishes
to be approved under this subpart, with
appropriate cross-references to sections of this subpart, including examples and complete descriptions of all
reports, tests, and evaluations which
the party would be required to make.
Where appropriate, later sections of
this subpart identify particular items
which must be included in the submission. The Secretary may request further detailed information, when appropriate.
(d) A party wishing to be approved as
a DAPIA shall submit a copy of a manufactured home design that it has approved (or if it has not approved a design, one that it has evaluated and a
deviation report showing where the design is not in conformance with the
standards) and a copy of a quality assurance manual that it has approved
(or if it was not approved a manual,
one that it has evaluated and a deviation report showing where the manual
is inadequate).
(e) A party wishing to be approved as
an IPIA shall submit a copy of a certification report which it has prepared
for a manufactured home plant or, if it
has not prepared such a report, an evaluation of a manufacturing plant which
it has inspected with a description of
what changes shall be made before a
certification report can be issued. A
party that has not previously inspected
manufactured homes may nevertheless
be accepted on the basis of the qualifications of its personnel and its com-
mitment to perform the required functions.
[41 FR 19852, May 13, 1976, as amended at 61
FR 10861, Mar. 15, 1996]
§ 3282.354 Submittal of false information or refusal to submit information.
The submittal of false information or
the refusal to submit information required under this subpart may be sufficient cause for the Secretary to revoke
or withhold acceptance.
§ 3282.355 Submission acceptance.
(a) A party whose submission is determined by the Department to be adequate shall be granted provisional acceptance until December 15, 1976, or for
a six month period from the date of
such determination, whichever is later.
(b) Final acceptance of a party to act
as a primary inspection agency will be
contingent upon adequate performance
during the period of provisional acceptance as determined through monitoring carried out under subpart J and
upon satisfactory acceptance under
§ 3282.361(e) or § 3282.362(e). Final acceptance shall be withheld if performance is inadequate.
(c) Continued acceptance as a primary inspection agency shall be contingent upon continued adequacy of
performance as determined through
monitoring carried out under subpart
J. If the Secretary determines that a
primary inspection agency that has
been granted final acceptance is performing inadequately, the Secretary
shall suspend the acceptance, and the
primary inspection agency shall be entitled to a Formal or Informal Presentation of Views as set out in subpart D
of this part.
[41 FR 19852, May 13, 1976, as amended at 51
FR 34468, Sept. 29, 1986; 61 FR 10861, Mar. 15,
1996]
§ 3282.356 Disqualification
and
requalification of primary inspection
agencies.
(a) The Secretary, based on monitoring reports or on other reliable information, may determine that a primary inspection agency which has been
accepted under this subpart is not adequately carrying out one or more of its
required functions. In so determining,
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Office of Asst. Sec. for Housing, HUD
§ 3282.358
the Secretary shall consider the impact
of disqualification on manufacturers
and other affected parties and shall
seek to assure that the manufacturing
process is not disrupted unnecessarily.
Whenever the Secretary disqualifies a
primary inspection agency under this
section, the primary inspection agency
shall have a right to a Formal or Informal Presentation of Views under subpart D of this part.
(b) Interested persons may petition
the Secretary to disqualify a primary
inspection agency under the provisions
of § 3282.156(b).
(c) A primary inspection agency
which has been disqualified under paragraph (a) may resubmit an application
under § 3282.353. The submission shall
include a full explanation of how problems or inadequacies which resulted in
disqualifications have been rectified
and how the primary inspection agency
shall assure that such problems shall
not recur.
(d) When appropriate, the Secretary
shall publish in the FEDERAL REGISTER
or otherwise make available to the
public for comment a disqualified
PIA’s application for requalification,
subject to the provisions of § 3282.54.
(e) Both provisional and final acceptance of any IPIA (or DAPIA) automatically expires at the end of any period of
one year during which it has not acted
as an IPIA (or DAPIA). An IPIA (or
DAPIA) has not acted as such unless it
has actively performed its services as
an IPIA (or DAPIA) for at least one
manufacturer by which it has been selected. An IPIA (or DAPIA) whose acceptance has expired pursuant to this
section may resubmit an application
under § 3282.353 in order to again be
qualified as an IPIA (or DAPIA), when
it can show a bona fide prospect of performing IPIA (or DAPIA) services.
cprice-sewell on DSK89S0YB1PROD with CFR
[41 FR 19852, May 13, 1976, as amended at 45
FR 59311, Sept. 9, 1980; 51 FR 34468, Sept. 29,
1986]
§ 3282.357 Background and experience.
All private organizations shall submit statements of the organizations’
experience in the housing industry, including a list of housing products,
equipment, and structures for which
evaluation, testing and follow-up inspection services have been furnished.
They shall also submit statements regarding the length of time these services have been provided by them. In addition, all such submissions shall include a list of other products for which
the submitting party provides evaluation, inspection, and listing or labeling
services and the standard applied to
each product, as well as the length of
time it has provided these additional
services.
§ 3282.358
Personnel.
(a) Each primary inspection agency
shall have qualified personnel capable
of carrying out all of the functions for
which the primary inspection agency is
seeking to be approved or disapproved.
Where a State intends to act as the exclusive IPIA in the State, it shall show
that it has adequate personnel to so
act in all plants in the State.
(b) Each submission shall indicate
the total number of personnel employed by the submitting party, the
number of personnel available for this
program, and the locations of the activities of the personnel to be used in
the program.
(c) Each submission shall include the
names and qualifications of the administrator and the supervisor who will be
directly responsible for the program,
and re´sume´s of their experience.
(d) Each submission shall contain the
information set out in paragraphs (d)(1)
through (d)(9) of this section. Depending upon the functions (DAPIA or
IPIA) to be undertaken by a particular
primary inspection agency, some of the
categories of personnel listed may not
be required. In such cases, the submission should indicate which of the categories of information are not required
and explain why they are not needed.
The submission should identify which
personnel will carry out each of the
functions the party plans to perform.
The qualifications of the personnel to
perform one or more of the functions
will be judged in accordance with the
requirements of ASTM Standard E–541
except that the requirement for registration as a professional engineer or
architect may be waived for personnel
whose qualifications by experience or
education equal those of a registered
engineer or architect. The categories of
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§ 3282.359
24 CFR Ch. XX (4–1–10 Edition)
personnel to be included in the submission are as follows:
(1) The names of engineers practicing
structural engineering who will be involved in the evaluation, testing, or
followup
inspection
services,
and
re´sume´s of their experience.
(2) The names of engineers practicing
mechanical engineering who will be involved in the evaluation, testing, or
followup,
inspection
services
and
re´sume´s of their experience.
(3) The names of engineers practicing
electrical engineering who will be involved in the evaluation, testing, or
followup
inspection
services
and
re´sume´s of their experience.
(4) The names of engineers practicing
fire protection engineering who will be
involved in the evaluation, testing, or
followup
inspection
services,
and
re´sume´s of their experience.
(5) The names of all other engineers
assigned to this program, the capacity
in which they will be employed, and
re´sume´s of their experience.
(6) The names of all full-time and
part-time consulting architects and engineers, their registration, and re´sume´s
of their experience.
(7) The names of inspectors and other
technicians along with re´sume´s of experience and a description of the type
of work each will perform.
(8) A general outline of the applicant
agency’s training program for assuring
that all inspectors and other technicians are properly trained to do each
specific job assigned.
(9) The names and qualifications of
individuals serving on advisory panels
that assist the applicant agency in
making its policies conform with the
public interest in the field of public
health and safety.
(e) All information required by this
section shall be kept current. The Secretary shall be notified of any change
in personnel or management or change
of ownership or State jurisdiction
within 30 days of such change.
trolled by any producer, supplier, or
vendor of products in any manner
which might affect its capacity to
render reports of findings objectively
and without bias.
(b) A private organization shall be
judged to be free of conflicting affiliation, influence, and control if it demonstrates compliance with all of the
following criteria:
(1) It has no managerial affiliation
with any producer, supplier, or vendor
of products for which it performs PIA
services, and is not engaged in the sale
or promotion of any such product or
material;
(2) The results of its work do not accrue financial benefits to the organization via stock ownership of any producer, supplier or vendor of the products involved;
(3) Its directors and other management personnel and its engineers and
inspectors involved in certification activities hold no stock in and receive no
stock option or other benefits, financial, or otherwise, from any producer,
supplier, or vendor of the product involved, other than compensation under
§ 3282.202 of this part;
(4) The employment security status
of its personnel is free of influence or
control of any producer, supplier, or
vendor, and
(5) It does not perform design or quality assurance manual approval services
for any manufacturer whose design or
manual has been created or prepared in
whole or in part by engineers of its organization or engineers of any affiliated organization.
(c) All submissions by States shall
include a statement that personnel
who will be in any way involved in carrying out the State plan or PIA function are free of any conflict of interest
except that with respect to members of
councils, committees or similar bodies
providing advice to the designated
agency are not subject to this requirement.
§ 3282.359 Conflict of interest.
(a) All submissions by private organizations shall include a statement that
the submitting party is independent in
that it does not have any actual or potential conflict of interest and is not
affiliated with or influenced or con-
§ 3282.360 PIA acceptance of product
certification programs or listings.
In determining whether products to
be included in a manufactured home
are acceptable under the standards set
out in part 3280 of 24 CFR, all PIAs
shall accept all product verification
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§ 3282.361
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programs, labelings, and listings unless
the PIA has reason to believe that a
particular certification is not acceptable, in which case, the PIA shall so inform the Secretary and provide the
Secretary with full documentation and
information on which it bases its belief. Pending a determination by the
Secretary, the PIA shall provisionally
accept the certification. The Secretary’s determination shall be binding
on all PIAs.
§ 3282.361 Design Approval Primary
Inspection Agency (DAPIA).
(a) General. (1) The DAPIA selected
by a manufacturer under § 3282.203 shall
be responsible for evaluating all manufactured home designs submitted to it
by the manufacturer and for assuring
that they conform to the standards. It
shall also be responsible for evaluating
all quality control programs submitted
to it by the manufacturer by reviewing
the quality assurance manuals in
which the programs are set out to assure that the manuals reflect programs
which are compatible with the designs
to be followed and which commit the
manufacturer to make adequate inspections and tests of every part of
every manufactured home produced.
(2) A design or quality assurance
manual approved by a DAPIA shall be
accepted by all IPIAs acting under
§ 3282.362 who deal with the design,
quality assurance manual, or manufactured homes built to them, and by all
other parties, as, respectively, being in
conformance with the Federal standards or as providing for adequate quality control to assure conformance.
However, each design and quality assurance manual is subject to review
and verification by the Secretary or
the Secretary’s agent at any time.
(b) Designs. (1) In evaluating designs
for compliance with the standards, the
DAPIA will not allow any deviations
from accepted engineering practice
standards for design calculations or
any deviations from accepted test
standards, except that the DAPIA, for
good cause, may request the Secretary
to accept innovations which are not
yet accepted practices. Acceptances by
the Secretary shall be published in the
form of interpretative bulletins, where
appropriate.
(2) The DAPIA shall require the manufacturer to submit floor plans and
specific information for each manufactured home design or variation which
the DAPIA is to evaluate. It shall also
require the submission of drawings,
specifications, calculations, and test
records of the structural, electrical and
mechanical systems of each such manufactured home design or variation.
The manufacturer need not supply duplicate information where systems are
common to several floor plans. Each
DAPIA shall develop and carry out procedures for evaluating original manufactured home designs by requiring
manufacturers to submit necessary
drawings and calculations and carry
out such verifications and calculations
as it deems necessary. Where compliance with the standards cannot be determined on the basis of drawings and
calculations, the DAPIA shall require
any necessary tests to be carried out at
its own facility, at separate testing facilities or at the manufacturer’s plant.
(3) Design deviation report. After evaluating the manufacturer’s design, the
DAPIA shall furnish the manufacturer
with a design deviation report which
specifies in detail, item by item with
appropriate citations to the standards,
the specific deviations in the manufacturer’s design which must be rectified
in order to produce manufactured
homes which comply with the standards. The design deviation report may
acknowledge the possibility of alternative designs, tests, listings, and certifications and state the conditions
under which they will be acceptable.
The design deviation report shall, to
the extent practicable, be complete for
each design evaluated in order to avoid
repeated rejections and additional
costs to the manufacturer.
(4) Design approval. The DAPIA shall
signify approval of a design by placing
its stamp of approval or authorized signature on each drawing and each sheet
of test results. The DAPIA shall clearly cross-reference the calculations and
test results to applicable drawings. The
DAPIA may require the manufacturer
to do the cross-referencing if it wishes.
It shall indicate on each sheet how any
deviations from the standards have
been or shall be resolved. Within 5 days
after approving a design, the DAPIA
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§ 3282.361
24 CFR Ch. XX (4–1–10 Edition)
shall forward a copy of the design to
the manufacturer and the Secretary or
the Secretary’s agent (prior to the effective date of the standards the latter
copy shall go to the Secretary.)
The DAPIA shall maintain a complete
up-to-date set of approved designs and
design changes approved under paragraph (b)(5) of this section which it can
duplicate and copies of which it can
furnish to interested parties as needed
when disputes arise.
(5) Design change approval. The
DAPIA shall also be responsible for approving all changes which a manufacturer wishes to make in a design approved by the DAPIA. In reviewing design changes, the DAPIA shall respond
as quickly as possible to avoid disruption of the manufacturing process.
Within 5 days after approving a design
change, the DAPIA shall forward a
copy of this change to the manufacturer and the Secretary or the Secretary’s agent as set out in paragraph
(b)(4) of this section to be included in
the design to which the change was
made.
(c) Quality assurance manuals. (1) In
evaluating a quality assurance manual,
the DAPIA shall identify any aspects
of designs to be manufactured under
the manual which require special quality control procedures. The DAPIA
shall determine whether the manual
under which a particular design is to be
manufactured reflects those special
procedures, and shall also determine
whether the manuals which it evaluates provide for such inspections and
testing of each manufactured home so
that the manufacturer, by following
the manual, can assure that each manufactured home it manufactures will
conform to the standards. The manual
shall, at a minimum, include the information set out in § 3282.203(c).
(2) Manual deviation report. After
evaluating a manufacturer’s quality
assurance manual, the DAPIA shall
furnish the manufacturer with a manual deviation report which specifies in
detail any changes which a manufacturer must make in order for the quality assurance manual to be acceptable.
The manual deviation report shall, to
the extent practicable, be complete for
each design in order to avoid repeated
rejections and additional costs to the
manufacturer.
(3) Manual approval. The DAPIA shall
signify approval of the manufacturer’s
quality assurance manual by placing
its stamp of approval or authorized signature on the cover page of the manual. Within 5 days of approving a quality assurance manual, the DAPIA shall
forward a copy of the quality assurance
manual to the manufacturer and the
Secretary or the Secretary’s agent
(prior to the effective date of the
standards, the latter copy shall go to
the Secretary). The DAPIA shall maintain a complete up-to-date set of approved manuals and manual changes
approved under paragraph (c)(4) of this
section which it can duplicate and copies of which it can furnish to interested
parties as needed when disputes arise.
(4) Manual change approval. Each
change the manufacturer wishes to
make in its quality assurance manual
shall be approved by the DAPIA. Within 5 days after approving a manual
change, the DAPIA shall forward a
copy of the change to the manufacturer
and the Secretary or the Secretary’s
agent as set out in paragraph (c)(3) of
this section to be included in the manual to which the change was made.
(d) Requirements for full acceptance—
DAPIA. (1) Before granting full acceptance to a DAPIA, the Secretary or the
Secretary’s agent shall review and
evaluate at least one complete design
and one quality assurance manual
which has been approved by the
DAPIA. These shall be designs and
manuals approved to the Federal
standards, and they shall be chosen at
random from those approved by the
DAPIA during the period of provisional
acceptance.
(2) If the Secretary determines that a
design or quality assurance manual
shows an inadequate level of performance, the Secretary or the Secretary’s
agent shall carry out further evaluations. If the Secretary finds the level of
performance to be unacceptable, the
Secretary shall not grant full acceptance. If full acceptance has not been
granted by the end of the provisional
acceptance period, provisional acceptance shall lapse unless the Secretary
determines that the failure to obtain
full acceptance resulted from the fact
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Office of Asst. Sec. for Housing, HUD
§ 3282.362
that the Secretary or her agent has not
had adequate time in which to complete an evaluation.
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[41 FR 19852, May 13, 1976, as amended at 61
FR 10861, Mar. 15, 1996]
§ 3282.362 Production Inspection Primary Inspection Agencies (IPIAs).
(a) General—(1) IPIA responsibilities.
An IPIA selected by a manufacturer
under § 3282.204 to act in a particular
manufacturing plant shall be responsible for assuring:
(i) That the plant is capable of following the quality control procedures
set out in the quality assurance manual to be followed in that plant;
(ii) That the plant continues to follow the quality assurance manual;
(iii) That any part of any manufactured home that it actually inspects
conforms with the design, or where the
design is not specific with respect to an
aspect of the standards, to the standards;
(iv) That whenever it finds a manufactured home in production which
fails to conform to the design or where
the design is not specific, to the standards, the failure to conform is corrected before the manufactured home
leaves the manufacturing plant; and
(v) That if a failure to conform to the
design, or where the design is not specific, to the standards, is found in one
manufactured home, all other homes
still in the plant which the IPIA’s
records or the records of the manufacturer indicate might not conform to
the design or to standards are inspected and, if necessary, brought up to
the standards before they leave the
plant.
(2) No more than one IPIA shall operate in any one manufacturing plant,
except that where a manufacturer decides to change from one IPIA to another, the two may operate in the
plant simultaneously for a limited period of time to the extent necessary to
assure a smooth transition.
(b) Plant approval. (1) Each IPIA
shall, with respect to each manufacturing plant for which it is responsible,
evaluate the quality control procedures
being followed by the manufacturer in
the plant to determine whether those
procedures are consistent with and fulfill the procedures set out in the
DAPIA approved quality assurance
manual being followed in the plant. As
part of this evaluation, and prior to the
issuance of any labels to the manufacturer, the IPIA shall make a complete
inspection of the manufacture of at
least one manufactured home through
all of the operations in the manufacturer’s plant. The purpose of this initial factory inspection is to determine
whether the manufacturer is capable of
producing manufactured homes in conformance with the approved design
and, to the extent the design is not specific with respect to an aspect of the
standards, with the standards and to
determine whether the manufacturer’s
quality control procedures as set out in
the quality assurance manual, plant
equipment, and personnel, will assure
that such conformance continues. This
inspection should be made by one or
more qualified engineers who have reviewed the approved design and by an
inspector who has been carefully
briefed by the engineers on the restrictive aspects of the design. The manufactured home shall be inspected to the
approved design for the home except
that where the design is not specific
with respect to any aspect of the standards, the inspection shall be to the
standards as to that aspect of the manufactured home. If the first manufactured home inspected fails to conform
to the design or, with respect to any
aspect of the standards not specifically
covered by the design, to the standards, additional units shall be similarly
inspected until the IPIA is satisfied
that the manufacturer is conforming to
the approved design, or where the design is not specific with respect to any
aspect of the standards, to the standards and quality assurance manual.
(2) Certification report. If, on the basis
of the initial comprehensive factory inspection required by paragraph (b)(1) of
this section, the IPIA determines that
the manufacturer is performing adequately, the IPIA shall prepare and forward to the manufacturer, to HUD, and
to HUD’s agent a certification report
as described in this paragraph (b)(2) of
this section. The issuance of the certification report is a prerequisite to
the commencement of production surveillance under paragraph (c) of this
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§ 3282.362
24 CFR Ch. XX (4–1–10 Edition)
section in the plant for which the report is issued. At the time the certification report is issued, the IPIA may
provide the manufacturer with a two to
four week supply of labels to be applied
to manufactured homes produced in
the plant. The IPIA shall maintain a
copy of each certification report which
it issues.
(3) The certification report shall include:
(i) The name of the DAPIA which approved the manufacturer’s design and
quality assurance manual and the
dates of those approvals,
(ii) The names and titles of the IPIA
engineers and inspectors who performed the initial comprehensive inspection,
(iii) A full report of inspections
made, serial numbers inspected, any
failures to comply which were observed, corrective actions taken, and
dates of inspections, and
(iv) A certification that at least one
manufactured home has been completely inspected in all phases of its
production in the plant, that the manufacturer is performing in conformance
with the approved designs and quality
assurance manual and, to the extent
the design is not specific with respect
to any aspects of the standards, with
the standards, and the IPIA is satisfied
that the manufacturer can produce
manufactured homes in conformance
with the designs, and where the designs
are not specific, with the standards on
a continuing basis.
(4) Inadequate manufacturer performance. Where an IPIA determines that
the performance of a manufacturer is
not yet adequate to justify the
issuance of a certification report and
labels to the manufacturer, the IPIA
may label manufactured homes itself
by using such of its personnel as it
deems necessary to perform complete
inspections of all phases of production
of each manufactured home being produced and labeling only those determined after any necessary corrections
to be in conformance with the design
and, as appropriate, with the standards. This procedure shall continue
until the IPIA determines that the
manufacturer’s performance is adequate to justify the issuance of a certification report.
(c) Production surveillance. (1) After it
has issued a certification report under
paragraph (b) of this section, the IPIA
shall carry out ongoing surveillance of
the manufacturing process in the
plant. The IPIA shall be responsible for
conducting representative inspections
to assure that the manufacturer is performing its quality control program
pursuant to and consistent with its approved quality assurance manual and
to assure that whatever part of a manufactured home is actually inspected
by the IPIA is fully in conformance
with the design and, as appropriate
under paragraph (a)(1)(iii) of this section, with the standards before a label
is issued for or placed on that manufactured home. The surveillance visits
shall commence no later than that date
on which the IPIA determines they
must commence so that the IPIA can
assure that every manufactured home
to be produced after the effective date
of the standards to which a label provided for in paragraph (c)(2) of this section is affixed, is inspected in at least
one stage of its production. The frequency of subsequent visits to the
plant shall continue to be such that
every manufactured home is inspected
at some stage in its production. In the
course of each visit, the IPIA shall
make a complete inspection of every
phase of production and of every visible
part of every manufactured home
which is at each stage of production.
The inspection shall be made to the approved design except where the design
is not specific with respect to an aspect
of the standards, in which case the inspection of that aspect of the manufactured home shall be made to the standards. The IPIA shall assure that no
label is placed on any manufactured
home which it finds fails to conform
with the approved design or, as appropriate, the standards in the course of
these inspections and shall assure that
no labels are placed on other manufactured homes still in the plant which
may also not conform until those
homes are inspected and if necessary
corrected to the design or the standards. If an IPIA finds a manufactured
home that fails to conform to the design, or as appropriate under paragraph
(a)(1)(iii) of this section, to the standards, the IPIA may, in addition to
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Office of Asst. Sec. for Housing, HUD
§ 3282.362
withholding the label for the unit, proceed to red tag the home until the failure to conform is corrected. Only the
IPIA is authorized to remove a red tag.
When manufactured homes repeatedly
fail to conform to the design, or as appropriate under paragraph (a)(1)(iii) of
this section, to the standards in the
same assembly station or when there is
evidence that the manufacturer is ignoring or not performing under its approved quality assurance manual, the
IPIA shall increase the frequency of
these inspections until it is satisfied
that the manufacturer is performing to
its approved quality assurance manual.
Failure to perform to the approved
manual justifies withholding labels
until an adequate level of performance
is attained. As part of its function of
assuring quality control, the IPIA shall
inspect materials in storage and test
equipment used by the manufacturer at
least once a month, and more frequently if unacceptable conditions are
observed. With the prior approval of
the Secretary, an IPIA may decrease
the frequency of any inspections.
(2) Labeling—(i) Labels required. (A)
The IPIA shall continuously provide
the manufacturer with a two- to fourweek supply (at the convenience of the
IPIA and the manufacturer) of the labels described in this subsection, except that no labels shall be issued for
use when the IPIA is not present if the
IPIA is not satisfied that the manufacturer can and is producing manufactured homes which conform to the design and, as appropriate, to the standards. Where necessary, the IPIA shall
reclaim labels already given to the
manufacturer. In no event shall the
IPIA allow a label to be affixed to a
manufactured home if the IPIA believes that the manufactured home
fails to conform to the design, or,
where the design is not specific with
respect to an aspect of the standards,
to the standards. Labels for such manufactured homes shall be provided only
after the failure to conform has been
remedied, or after the Secretary has
determined that there is no failure to
conform.
(B) A permanent label shall be affixed to each transportable section of
each manufactured home for sale or
lease to a purchaser or lessor in the
United States in such a manner that
removal will damage the label so that
it cannot be reused. This label is provided by the IPIA and is separate and
distinct from the data plate that the
manufacturer is required to provide
under § 3280.5.
(C) The label shall read as follows:
‘‘As evidenced by this label No. ABC 000
001, the manufacturer certifies to the best of
the manufacturer’s knowledge and belief
that this manufactured home has been inspected in accordance with the requirements
of the Department of Housing and Urban Development and is constructed in conformance with the Federal Manufactured Home
Construction and Safety Standards in effect
on the date of manufacture. See data plate.’’
(D) The label shall be 2 in. by 4 in. in
size and shall be permanently attached
to the manufactured home by means of
4 blind rivets, drive screws, or other
means that render it difficult to remove without defacing it. It shall be
etched on .032 in. thick aluminum
plate. The label number shall be etched
or stamped with a 3 letter IPIA designation which the Secretary shall assign and a 6 digit number which the
label supplier shall stamp sequentially
on labels supplied to each IPIA.
(E) The label shall be located at the
tail-light end of each transportable
section of the manufactured home approximately one foot up from the floor
and one foot in from the road side, or
as near that location on a permanent
part of the exterior of the manufactured home as practicable. The roadside is the right side of the manufactured home when one views the manufactured home from the tow bar end of
the manufactured home. It shall be applied to the manufactured home unit in
the manufacturing plant by the manufacturer or the IPIA, as appropriate.
(F) The label shall be provided to the
manufacturer only by the IPIA. The
IPIA shall provide the labels in sequentially numbered series. The IPIA may
obtain labels from the Secretary or the
Secretary’s agent, or where the IPIA
obtains the prior approval of the Secretary, from a label manufacturer.
However, if the IPIA obtains labels directly from a label supplier, those labels must be sequentially numbered
without any duplication of label numbers.
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§ 3282.362
24 CFR Ch. XX (4–1–10 Edition)
(G) Whenever the IPIA determines
that a manufactured home which has
been labeled, but which has not yet
been released by the manufacturer may
not conform to the design or, as appropriate under paragraph (a)(1)(iii) of this
section, to the standards, the IPIA by
itself or through an agent shall red tag
the manufactured home. Where the
IPIA determines that a manufactured
home which has been labeled and released by the manufacturer, but not
yet sold to a purchaser (as described in
§ 3282.252(b)) may not conform, the IPIA
may, in its discretion, proceed to red
tag the manufactured home. Only the
IPIA is authorized to remove red tags,
though it may do so through agents
which it deems qualified to determine
that the failure to conform has been
corrected. Red tags may be removed
when the IPIA is satisfied, through inspections, assurances from the manufacturer, or otherwise, that the affected homes conform.
(H) Labels that are damaged, destroyed, or otherwise made illegible or
removed shall be replaced by the IPIA,
after determination that the manufactured home is in compliance with the
standards, by a new label of a different
serial number. The IPIA’s labeling
record shall be permanently marked
with the number of the replacement
label and a corresponding record of the
replacement label.
(ii) Label control. The labels used in
each plant shall be under the direct
control of the IPIA acting in that
plant. Only the IPIA shall provide the
labels to the manufacturer. The IPIA
shall assure that the manufacturer
does not use any other label to indicate
conformance to the standards.
(A) The IPIA shall be responsible for
obtaining labels. Labels shall be obtained from HUD or its agent, or with
the approval of the Secretary, from a
label manufacturer. The labels shall
meet the requirements of this section.
Where the IPIA obtains labels directly
from a label manufacturer, the IPIA
shall be responsible for assuring that
the label manufacturer does not provide labels directly to the manufacturer of manufactured homes. If the
label manufacturer fails to supply correct labels or allows labels to be released to parties other than the IPIA,
the IPIA shall cease dealing with the
label manufacturer.
(B) The labels shall be shipped to and
stored by the IPIA’s at a location
which permits ready access to manufacturing plants under its surveillance.
The labels shall be stored under strict
security and inventory control. They
shall be released only by the IPIA to
the manufacturer under these regulations.
(C) The IPIA shall be able to account
for all labels which it has obtained
through the date on which the manufactured home leaves the manufacturing plant, and it shall be able to
identify the serial number of the manufactured home to which each particular
label is affixed.
(D) The IPIA shall keep in its central
record office a list of the serial numbers of labels issued from the label producer to the IPIA and by the IPIA to
the manufacturing plant.
(E) Failure to maintain control of labels through the date the manufactured home leaves the manufacturing
plant and failure to keep adequate
records of which label is on which manufactured home shall render the IPIA
subject
to
disqualification
under
§ 3282.356.
(3) Data plate. (i) The IPIA shall assure that each manufactured home produced in each manufacturing plant
under its surveillance is supplied with
a data plate which meets the requirements of this section and of § 3280.5 of
chapter XX of 24 CFR. The data plate
shall be furnished by the manufacturer
and affixed inside the manufactured
home on or near the main electrical
distribution panel. The data plate shall
contain the following information:
(A) The name and address of the
manufacturing plant in which the manufactured home was manufactured,
(B) The serial number and model designation of the unit and the date the
unit was manufactured,
(C) The statement ‘‘This manufactured home is designed to comply with
the Federal Manufactured Home Construction and Safety Standards in force
at the time of manufacture.’’,
(D) A list of major factory-installed
equipment including the manufacturer’s name and the model designation of
each appliance,
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Office of Asst. Sec. for Housing, HUD
§ 3282.363
(E) Reference to the roof load zone
and wind load zone for which the home
is designed and duplicates of the maps
as set forth in § 3280.305. This information may be combined with the heating/cooling certificate and insulation
zone map required by §§ 3280.510 and
3280.511. The Wind Zone Map on the
Data Plate shall also contain the statement:
This home has not been designed for the
higher wind pressures and anchoring provisions required for ocean/coastal areas and
should not be located within 1500′ of the
coastline in Wind Zones II and III, unless the
home and its anchoring and foundation system have been designed for the increased requirements specified for Exposure D in ANSI/
ASCE 7–88.
(F) The statement:
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This home has ll has not ll (appropriate blank to be checked by manufacturer)
been equipped with storm shutters or other
protective coverings for windows and exterior door openings. For homes designed to be
located in Wind Zones II and III, which have
not been provided with shutters or equivalent covering devices, it is strongly recommended that the home be made ready to
be equipped with these devices in accordance
with the method recommended in the manufacturers printed instructions.
(G) The statement: ‘‘Design Approval
by’’, followed by the name of the agency that approved the design.
(ii) A copy of the data plate shall be
furnished to the IPIA, and the IPIA
shall keep a permanent record of the
data plate as part of its labeling record
so that the information is available
during the life of the manufactured
home in case the data plate in the
manufactured home is defaced or destroyed.
(d) Permanent records. The IPIA shall
maintain the following records as appropriate:
(1) Records of all labels issued, applied, removed, and replaced by label
number, manufactured home serial
number, manufactured home type,
manufacturer’s name, dealer destination, and copies of corresponding data
plates.
(2) Records of all manufactured
homes which are red tagged, and the
status of each home.
(3) Records of all inspections made at
each manufacturing plant on each
manufactured home serial number,
each failure to conform found, and the
action taken in each case.
(4) Records of all inspections made at
other locations of manufactured homes
identified by manufacturer and serial
number, all manufactured homes believed to contain the same failure to
conform, and the action taken in each
case.
All records shall specify the precise
section of the standard which is in
question and contain a clear and concise explanation of the process by
which the IPIA reached any conclusions. All records shall be traceable to
specific manufactured home serial
numbers and through the manufacturer’s records to dealers and purchasers.
(e) Requirements for full acceptance—
IPIA. (1) Before granting full acceptance to an IPIA, the Secretary or the
Secretary’s agent shall review and
evaluate at least one certification report which has been prepared by the
IPIA during the period of provisional
acceptance. The Secretary or the Secretary’s agent shall also review in
depth the IPIA’s administrative capabilities and otherwise review the IPIA’s
performance of its responsibilities
under these regulations.
(2) Where the Secretary determines
on the basis of these reviews that an
IPIA is not meeting an adequate level
of performance, the Secretary or the
Secretary’s agent shall carry out further evaluations. If the Secretary finds
the level of performance to be unacceptable, the Secretary shall not grant
full acceptance. If full acceptance has
not been granted by the end of the provisional acceptance period, provisional
acceptance shall lapse unless the Secretary determines that the failure to
obtain full acceptance resulted from
the fact that the Secretary or the Secretary’s agent has not had adequate
time in which to complete an evaluation.
[41 FR 19852, May 13, 1976, as amended at 42
FR 2580, Jan. 12, 1977; 42 FR 35157, July 8,
1977; 59 FR 2474, Jan. 14, 1994; 61 FR 10861,
Mar. 15, 1996]
§ 3282.363
tion.
Right of entry and inspec-
Each primary inspection agency shall
secure from each manufacturer and
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§ 3282.364
24 CFR Ch. XX (4–1–10 Edition)
manufacturing plant under its surveillance an agreement that the Secretary,
the State Administrative Agency and
the primary inspection agency have
the right to inspect the plant and its
manufactured home inspection, labeling, and delivery records, and any of its
manufactured homes in the hands of
dealers or distributors at any reasonable time.
§ 3282.364 Inspection responsibilities
and coordination.
All primary inspection agencies shall
be responsible for acting as necessary
under their contractual commitment
with the manufacturer to determine
whether alleged failures to conform to
the standards may exist in manufactured homes produced under their surveillance and to determine the source
of the problems. The DAPIA may be required to examine the designs in question or the quality assurance manual
under which the manufactured homes
were produced. The IPIA may be required to reexamine the quality control procedures which it has approved
to determine if they conform to the
quality assurance manual, and the
IPIA shall have primary responsibility
for inspecting actual units produced
and, where necessary, for inspecting
units released by the manufacturer. All
primary inspection agencies acting
with respect to particular manufacturer or plant shall act in close coordination so that all necessary functions
are performed effectively and efficiently.
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§ 3282.365 Forwarding monitoring fee.
The IPIA shall, whenever it provides
labels to a manufacturer, obtain from
the manufacturer the monitoring fee to
be forwarded to the Secretary or the
Secretary’s agent as set out in
§ 3282.210. If a manufacturer fails to
provide the monitoring fee as required
by § 3282.210 to be forwarded by the
IPIA under this section, the IPIA shall
immediately inform the Secretary; or
the Secretary’s Agent.
§ 3282.366 Notification and correction
campaign responsibilities.
(a) Both IPIAs and DAPIAs are responsible for assisting the Secretary or
an SAA in identifying the class of man-
ufactured homes that may have been
affected where the Secretary or an
SAA makes or is contemplating making a preliminary determination of imminent safety hazard, serious defect,
defect,
or
noncompliance
under
§ 3282.407 with respect to manufactured
homes for which the IPIA or DAPIA
provided either plant inspection or design approval services.
(b) The IPIA in each manufacturing
plant is responsible for reviewing manufacturer determinations of the class
of manufactured homes affected when
the manufacturer is acting under
§ 3282.404. The IPIA shall concur in the
method used to determine the class of
potentially
affected
manufactured
homes or shall state why it finds the
method to be inappropriate, inadequate
or incorrect.
[42 FR 2580, Jan. 12, 1977]
Subpart I—Consumer Complaint
Handling and Remedial Actions
SOURCE: 42 FR 2580, Jan. 12, 1977, unless
otherwise noted.
§ 3282.401
Purpose and scope.
(a) The purpose of this subpart is to
establish a system under which the
protections of the Act are provided
with a minimum of formality and
delay, but in which the rights of all
parties are protected.
(b) This subpart sets out the procedures to be followed by manufacturers,
State Administrative Agencies, primary inspection agencies, and the Secretary to assure that manufacturers
provide notification and correction
with respect to their manufactured
homes as required by the Act. Notification and correction may be required to
be provided with respect to manufactured homes that have been sold or
otherwise released by the manufacturer to another party when the manufacturer, an SAA or the Secretary determines that an imminent safety hazard, serious defect, defect, or noncompliance may exist in those manufactured homes as set out herein.
(c) This subpart sets out the rights of
dealers under section 613 of the Act, 42
U.S.C. 5412, to obtain remedies from
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Office of Asst. Sec. for Housing, HUD
manufacturers
cumstances.
in
certain
§ 3282.404
cir-
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§ 3282.402 General principles.
(a) Nothing in this subpart or in
these regulations shall limit the rights
of the purchaser under any contract or
applicable law.
(b) The liability of manufactured
home manufacturers to provide remedial actions under this subpart is limited by the principle that manufacturers are not responsible for failures that
occur in manufactured homes or components solely as the result of normal
year and aging, gross and unforeseeable
consumer abuse, or unforeseeable neglect of maintenance.
(c) The extent of a manufacturer’s responsibility for providing notification
or correction depends upon the seriousness of problems for which the manufacturer is responsible under this subpart.
(d) When manufacturers act under
§ 3282.404 of these regulations, they will
not be required to classify the problem
that triggered their action as a noncompliance, defect, serious defect, or
imminent safety hazard.
(e) It is the policy of these regulations that all consumer complaints or
other information indicating the possible existence of an imminent safety
hazard, serious defect, defect, or noncompliance should be referred to the
manufacturer of the potentially affected manufactured homes as early as
possible so that the manufacturer can
begin to timely respond to the consumer and take any necessary remedial
actions.
§ 3282.403 Consumer complaint and information referral.
When a consumer complaint or other
information indicating the possible existence of a noncompliance, defect, serious defect, or imminent safety hazard
is received by a State Administrative
Agency or the Secretary, the SAA or
the Secretary shall forward the complaint or other information to the
manufacturer of the manufactured
home in question. The SAA or the Secretary shall, when it appears from the
complaint or other information that
more than one manufactured home
may be involved, simultaneously send
a copy of the complaint or other information to the SAA of the State where
the manufactured home was manufactured or to the Secretary if there is no
such SAA, and when it appears that an
imminent safety hazard or serious defect may be involved, simultaneously
send a copy to the Secretary.
§ 3282.404 Notification pursuant to
manufacturer’s determination.
(a) The manufacturer shall provide
notification as set out in this subpart
with respect to all manufactured
homes produced by the manufacturer
in which there exists or may exist an
imminent safety hazard or serious defect. The manufacturer shall provide
such notification with respect to manufactured homes produced by the manufacturer in which a defect exists or
may exist if the manufacturer has information indicating that the defect
may exist in a class of manufactured
homes that is identifiable because the
cause of the defect or defects actually
known to the manufacturer is such
that the same defect would probably
have been systematically introduced
into more than one manufactured
home during the course of production.
This information may include, but is
not limited to, complaints that can be
traced to the same cause, defects
known to exist in supplies of components or parts, information related to
the performance of a particular employee and information indicating a
failure to follow quality control procedures with respect to a particular aspect of the manufactured home. A
manufacturer is required to provide notification with respect to a noncompliance only after the issuance of a final
determination under § 3282.407.
(b) Whenever the manufacturer receives from any source information
that may indicate the existence of a
problem in a manufactured home for
which the manufacturer is responsible
for providing notification under paragraph (a) of this section, the manufacturer shall, as soon as possible, but not
later than 20 days after receipt of the
information, carry out any necessary
investigations and inspections to determine and shall determine whether the
manufacturer is responsible for providing notification under paragraph (a)
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§ 3282.404
24 CFR Ch. XX (4–1–10 Edition)
of this section. The manufacturer shall
maintain complete records of all such
information and determinations in a
form that will allow the Secretary or
an SAA readily to discern who made
the determination with respect to a
particular piece of information, what
the determination was, and the basis
for the determination. Such records
shall be kept for a minimum of five
years from the date the manufacturer
received the information. Consumer
complaints or other information indicating the possible existence of noncompliances or defects received prior
to the effective date of this section
shall, for purposes of this subpart, be
deemed to have been received on the
date this section became effective.
(c) If a manufacturer determines
under paragraph (b) of this section that
the manufacturer is responsible for
providing notification under paragraph
(a) of this section, the manufacturer
shall prepare a plan for notification as
set out in § 3282.409. Where the manufacturer is required to correct under
§ 3282.406, the manufacturer shall include in the plan provision for correction of affected manufactured homes.
The manufacturer shall, as soon as possible, but not later than 20 days after
making the determination, submit the
plan to one of the following, as appropriate:
(1) Where the manufactured homes
covered by the plan were all manufactured in one State, to the SAA of the
State of manufacture;
(2) Where the manufactured homes
were manufactured in more than one
State, to the Secretary; or
(3) Where there is no appropriate
SAA under paragraph (c)(1) of this section, to the Secretary.
However, Where only one manufactured
home is involved, the manufacturer
need not submit the plan if the manufacturer corrects the manufactured
home within the 20 day period. The
manufacturer shall maintain, in the
plant where the manufactured home
was manufactured, a complete record
of the correction. The record shall describe briefly the facts of the case and
state what corrective actions were
taken, and it shall be maintained in a
separate file in a form that will allow
the Secretary or an SAA to review all
such corrections.
(d) Upon approval of the plan with
any necessary changes, the manufacturer shall carry out the approved plan
within the time limits stated in it.
(e) In any case, the manufacturer
may act prior to obtaining approval of
the plan. However, such action is subject to review and disapproval by the
SAA of the State where the manufactured home is located, the SAA of the
State where the manufactured home
was manufactured, or the Secretary,
except to the extent that agreement to
the correction is obtained as described
in this paragraph. To be assured that
the corrective action will be accepted,
the manufacturer may obtain the
agreement of either SAA or the Secretary that the corrective action is
adequate before the correction is made
regardless of whether a plan has been
submitted under paragraph (c) of this
section. If such an agreement is obtained, the correction shall be accepted
as adequate by all SAAs and the Secretary if the correction is made as
agreed to and any imminent safety
hazard or serious defect is eliminated.
(f) If the manufacturer wishes to obtain a waiver of the formal plan approval and notification requirements
that would result from a determination
under paragraph (b) of this section, the
manufacturer may act under this paragraph. The plan approval and notification requirements shall be waived by
either the SAA or the Secretary that
would otherwise review the plan under
paragraph (c) of this section if:
(1) The manufacturer, before the expiration of the time period determined
under paragaraph (c) of this section,
shows to the satisfaction of the SAA or
the Secretary, through such documentation as the SAA or the Secretary
may require, that:
(i) The manufacturer has identified
the class of possibly affected manufactured homes in accordance with
§ 3282.409.
(ii) The manufacturer will correct, at
the manufacturer’s expense, all affected manufactured homes in the class
within 60 days of being informed that
the request for waiver has been accepted; and
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§ 3282.407
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(iii) The proposed repairs are adequate to remove the failure to conform
or imminent safety hazard that gave
rise to the determination under paragraph (b) of this section; and
(2) The manufacturer corrects all affected manufactured homes within 60
days of being informed that the request
for waiver has been accepted. The formal plan and notification requirements
are waived pending final resolution of a
waiver request under this paragraph (f)
as of the date of such a request. If a
waiver request is not accepted, the
plan called for by paragraph (c) of this
section shall be submitted within 5
days after the manufacturer is notified
that the request was not accepted.
§ 3282.405 SAA responsibilities.
(a) As set out at § 3282.302(b)(5), each
SAA is responsible for overseeing the
handling of consumer complaints by
manufacturers within the state. As
part of that responsibility, the SAA is
required to monitor manufacturer compliance with this subpart, and particularly with § 3282.404. This monitoring
will be done primarily by periodically
checking the records that manufacturers are required to keep under
§ 3282.404(b).
(b) If the SAA acting under paragraph (a) finds that a manufacturer has
failed to comply with § 3282.404, or if
the SAA finds that the manufacturer
has
decided
not
to
act
under
§ 3282.404(c) where the SAA believes the
manufacturer is required to act, or if
the manufacturer failed to fulfill the
requirements of § 3282.404(f) after requesting a waiver under that paragraph, the SAA shall make such preliminary determinations as it deems
appropriate under § 3282.407(b), except
that if the affected manufactured
homes were manufactured in more
than one state or if it appears that the
appropriate preliminary determination
would be an imminent safety hazard or
serious defect, the SAA shall refer the
matter to the Secretary.
(c) Where an SAA that is reviewing a
plan under § 3282.404(c) finds that the
manufacturer is not acting reasonably
in refusing to accept changes to a proposed plan, the SAA shall make such
preliminary determinations as may be
appropriate under § 3282.407, except that
where it appears that it would be appropriate to make a preliminary determination of imminent safety hazard or
serious defect, the SAA shall refer the
matter to the Secretary.
§ 3282.406 Required manufacturer correction.
A manufacturer required to furnish
notification under § 3282.404 or § 3282.407
shall correct, at its expense, any imminent safety hazard or serious defect
that can be related to an error in design or assembly of the manufactured
home by the manufacturer, including
an error in design or assembly of any
component or system incorporated in
the manufactured home by the manufacturer.
§ 3282.407 Notification and correction
pursuant to administrative determination.
(a) Preliminary determinations. (1)
Whenever the Secretary has information indicating the possible existence
of an imminent safety hazard or serious defect in a manufactured home, the
Secretary may issue a preliminary determination to that effect to the manufacturer.
(2) Whenever the information referred to in paragraph (a)(1) of this section indicates that the manufacturer is
required to correct the imminent safety hazard or serious defect under
§ 3282.406, the Secretary may issue a
preliminary determination to that effect to the manufacturer.
(3) Whenever an SAA has information
indicating that a defect or noncompliance may exist in a class of manufactured homes that is identifiable because the cause of the defect or noncompliance is such that the same defect or noncompliance would probably
have been systematically introduced
into more than one manufactured
home during the course of production,
and all manufactured homes in the
class appear to have been manufactured in that State, the SAA may issue
a preliminary determination of defect
or noncompliance to the manufacturer.
Information on which an SAA may
base a conclusion that an appropriate
class of manufactured homes exists
may include, but is not limited to,
complaints that can be traced to the
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§ 3282.407
24 CFR Ch. XX (4–1–10 Edition)
same cause, defects known to exist in
supplies of components or parts, information related to the performance of a
particular employee, and information
indicating a failure to follow quality
control procedures with respect to a
particular aspect of the manufactured
home. If, during the course of these
proceedings, evidence arises that indicates that manufactured homes in the
same identifiable class were manufactured in more than one state, the SAA
shall refer the matter to the Secretary.
The Secretary may make a preliminary determination of noncompliance
or defect where there is evidence that a
noncompliance or defect may exist.
(b) Notice and request for presentation
of views and evidence. (1) Notice of the
preliminary determination shall be
sent by certified mail and shall include:
(i) The factual basis for the determination and
(ii) The identifying criteria of the
manufactured homes known to be affected and those believed to be in the
class of possibly affected manufactured
homes.
(2) The notice shall inform the manufacturer that the preliminary determination shall become final unless the
manufacturer requests a hearing or
presentation of views under subpart D
of this part within 15 days of receipt of
a Notice of Preliminary Determination
of serious defect, defect, or noncompliance, or within 5 days of receipt of a
Notice of Preliminary Determination
of imminent safety hazard.
(3) Promptly upon receipt of a manufacturer’s request, a Formal or an Informal Presentation of Views shall be
held in accordance with § 3282.152.
(4) Parties may propose in writing, at
any time, offers of settlement which
shall be submitted to and considered by
the Secretary or the SAA that issued
the Notice of Preliminary Determination. If determined to be appropriate,
the party making the offer may be
given an opportunity to make an oral
presentation in support of such offer. If
an offer of settlement is rejected, the
party making the offer shall be so notified and the offer shall be deemed withdrawn and shall not constitute a part
of the record in the proceeding. Final
acceptance by the Secretary or an SAA
of any offer to settlement shall automatically terminate any proceedings
related thereto.
(c) Final determinations. (1) If the
manufacturer fails to respond to the
notice of preliminary determination
within the time period established in
paragraph (b)(2) of this section, or if
the SAA or the Secretary decides that
the views and evidence presented by
the manufacturer or others are insufficient to rebut the preliminary determination, the SAA or the Secretary, as
appropriate, shall make a final determination that an imminent safety hazard, serious defect, defect, or noncompliance exists. In the event of a
final determination that an imminent
safety hazard, serious defect, defect or
noncompliance exists, the SAA or the
Secretary shall issue an order directing
the manufacturer to furnish notification. If the Secretary makes a final determination that the manufacturer is
required to correct, the Secretary shall
issue an order directing the manufacturer to provide correction.
(2) Appeals. When an SAA has made a
final determination that a defect or
noncompliance exists, the manufacturer may, within 10 days after receipt
of the notice of such final determination, appeal to the Secretary under
§ 3282.309.
(d) Where a preliminary determination of defect or noncompliance has
been issued, the manufacturer may, at
any time during the proceedings called
for in this section or after the issuance
of a Final Determination and Order, request a waiver of the formal notification requirements. The manufacturer
may request such a waiver from the
SAA that is handling the proceedings,
or if the Secretary is handling the proceedings, from the Secretary. When requesting such a waiver, the manufacturer shall certify and provide assurances that:
(1) The manufacturer has identified
the class of possibly affected manufactured homes in accordance with
§ 3282.409;
(2) The manufacturer will correct, at
the manufacturer’s expense, all affected manufactured homes in the class
within a time period specified by the
SAA or the Secretary but not later
than 60 days after being informed of
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Office of Asst. Sec. for Housing, HUD
§ 3282.409
the acceptance of the request for waiver or issuance of the Final Determination, whichever is later; and
(3) The proposed repairs are adequate
to remove the failure to conform or imminent safety hazard that gave rise to
the issuance of the Preliminary Determination.
The SAA or the Secretary may grant
the request for waiver if the manufacturer agrees under paragraph (b)(4) of
this section to an offer of settlement
that includes an order that embodies
the assurances made by the manufacturer.
[42 FR 2580, Jan. 12, 1977, as amended at 51
FR 34468, Sept. 29, 1986; 51 FR 37568, Oct. 23,
1986]
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§ 3282.408 Reimbursement for prior
correction by owner.
A manufacturer that is required to
correct under § 3282.406 or that decides
to correct and obtain a waiver under
§ 3282.404(f) or § 3282.407(d) shall provide
reimbursement for reasonable cost of
correction to any owner of an affected
manufactured home who chose to make
the correction before the manufacturer
did so.
§ 3282.409 Manufacturer’s plan for notification and correction.
(a) This section sets out the requirements that shall be met by manufacturers in preparing plans they are required to submit under § 3282.404(c). The
underlying requirement is that the
plan show how the manufacturer will
fulfill its responsibilities with respect
to notification and correction that
arise under this subpart I.
(b) The plan shall include a copy of
the proposed notice that meets the requirements of § 3282.410.
(c) The plan shall identify, by serial
number and other appropriate identifying criteria, all manufactured homes
with respect to which notification is to
be provided. The class of manufactured
homes with respect to which notification shall be provided and which shall
be covered by the plan is that class of
homes that was or is suspected of having been affected by the cause of an imminent safety hazard or failure to conform. The class is identifiable to the
extent that the cause of the imminent
safety hazard or failure to conform is
such that it would probably have been
systematically introduced into the
manufactured homes in the class during the course of production. In determining the extent of such a class, the
manufacturer may rely either upon information that positively identifies the
extent of the class or upon information
that indicates what manufactured
homes were not affected by the same
cause, thereby identifying the class by
excluding those manufactured homes.
Methods that may be used in determining the extent of the class of manufactured homes include, but are not
limited to:
(1) Inspection of manufactured homes
produced before and after the manufactured homes known to be affected;
(2) Inspection of manufacturer quality control records to determine
whether quality control procedures
were followed;
(3) Inspection of IPIA records to determine whether the imminent safety
hazard or failure to conform was either
detected or specifically found not to
exist in some manufactured homes;
(4) Inspection of the design of the
manufactured home in question to determine whether the imminent safety
hazard or failure to conform resulted
from the design itself;
(5) Identification of the cause as relating to a particular employee or
process that was employed for a known
period of time or in producing the manufactured homes manufactured during
that time;
(6) Inspection of records relating to
components supplied by other parties
and known to contain or suspected of
containing imminent safety hazards or
failures to conform.
The class of manufactured homes identified by these methods may include
only manufactured homes actually affected by the imminent safety hazard
or failure to conform if the manufacturer can identify the precise manufactured homes. If it is not possible to
identify the precise manufactured
homes, the class shall include manufactured homes suspected of containing
the imminent safety hazard or failure
to conform because the evidence shows
that they may have been affected.
(d) The plan shall include a statement by the IPIA operating in each
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§ 3282.410
24 CFR Ch. XX (4–1–10 Edition)
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plant in which manufactured homes in
question were produced. In this statement, the IPIA shall concur in the
methods used by the manufacturer to
determine the class of potentially affected manufactured homes or state
why it believes the methods to have
been inappropriate, inadequate, or incorrect.
(e) The plan shall include a deadline
for completion of all notifications and
corrections.
(f) The plan shall provide for notification to be accomplished:
(1) By certified mail or other more
expeditious means to the dealers or distributors of such manufacturer to
whom such manufactured home was delivered. Where a serious defect or imminent safety hazard is involved, notification shall be sent by certified mail
if it is mailed; and
(2) By certified mail to the first purchaser of each manufactured home in
the class of manufactured homes set
out in the plan under paragraph (c) of
this section, and to any subsequent
owner to whom any warranty provided
by the manufacturer or required by
Federal, State or local law on such
manufactured home has been transferred, to the extent feasible, except
that notification need not be sent to
any person known by the manufacturer
not to own the manufactured home in
question if the manufacturer has a
record of a subsequent owner of the
manufactured home; and
(3) By certified mail to any other person who is a registered owner of each
manufactured home containing the imminent safety hazard, serious defect,
defect, or noncompliance and whose
name has been ascertained pursuant to
§ 3282.211.
§ 3282.410 Contents of notice.
Except as otherwise agreed by the
Secretary or the SAA reviewing the
plan under § 3282.404(c), the notification
to be sent by the manufacturer shall
include the following:
(a) An opening statement: ‘‘This notice is sent to you in accordance with
the requirments of the National Manufactured Housing Construction and
Safety Standards Act.’’
(b) Except where the manufacturer is
acting under § 3282.404, the following
statement, as appropriate: ‘‘(Manufacturer’s name or the Secretary, or the
appropriate SAA)’’ has determined
that:
(1) An imminent safety hazard may
exist in (identifying criteria of manufactured home).
(2) A serious defect may exist in
(identifying criteria of manufactured
home).
(3) A defect may exist in (identifying
criteria of manufactured home).
(4) (Identifying criteria of manufactured home) may not comply with an
applicable ‘‘Federal Home Construction or Safety Standard.’’
(c) A clear description of the imminent safety hazard, serious defect, defect, or noncompliance which shall include:
(1) The location of the imminent
safety hazard, serious defect, defect, or
noncompliance in the manufactured
home;
(2) A description of any hazards, malfunctions, deterioration or other consequences which may result from the
imminent safety hazard, serious defect,
defect, or noncompliance;
(3) A statement of the conditions
which may cause such consequences to
arise; and
(4) Precautions, if any, that the
owner should take to reduce the chance
that the consequences will arise before
the manufactured home is repaired.
(d) An evaluation of the risk to manufactured home occupants’ safety and
the durability of the manufactured
home reasonably related to such imminent safety hazard, serious defect, defect, or noncompliance, including:
(1) The type of injury which may
occur to occupants of the manufactured home; and
(2) Whether there will be any warning
that a dangerous occurrence may take
place and what that warning would be,
and any signs which the owner might
see, hear, smell, or feel which might indicate danger or deterioration of the
manufactured home as a result of the
imminent safety hazard, serious defect,
defect, or noncompliance.
(e) If the manufacturer will correct
the manufactured home under this subpart or otherwise, a statement that the
manufacturer will correct the manufactured home.
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§ 3282.412
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(f) A statement in accordance with
whichever of the following is appropriate:
(1) Where the manufacturer will correct the manufactured home at no cost
to the owner, the statement shall indicate how and when the correction will
be done, how long the correction will
take, and any other information that
may be helpful to the owner.
(2) When the manufacturer does not
bear the cost of repair, the notification
shall include a detailed description of
all parts and materials needed to make
the correction, a description of all
steps to be followed in making the correction including appropriate illustrations, and an estimate of the cost of
the purchaser or owner of the correction.
(g) A statement informing the owner
that the owner may submit a complaint to the Secretary if the owner believes that:
(1) The notification or the remedy described therein is inadequate; or
(2) The manufacturer has failed or is
unable to remedy the problem in accordance with his notification; or
(3) The manufacturer has failed or is
unable to remedy within a reasonable
time after the owner’s first attempt to
obtain remedy.
(h) A statement that any actions
taken by the manufacturer under the
Act in no way limit the rights of the
owner or any other person under any
contract or other applicable law and
that the owner may have further rights
under contract or other applicable law.
§ 3282.411 Time for implementation.
(a) The manufacturer shall complete
implementation of the plan for correction approved under § 3282.404(d) on or
before the deadline established in the
plan as required by § 3282.409(e). The
deadline shall allow a reasonable
amount of time to complete the plan,
taking into account the seriousness of
the problem, the number of manufactured homes involved, the immediacy
of any risk, and the difficulty of completing the action. The seriousness and
immediacy of any risk shall be given
greater weight than other considerations. If a manufacturer is required to
correct an imminent safety hazard or
serious defect under § 3282.406, the dead-
line shall be no later than 60 days after
approval of the plan.
(b) The manufacturer shall complete
the implementation of any notifications and corrections being carried out
under an order of an SAA or the Secretary under § 3282.407(c) on or before
the deadline established in the order.
In establishing each deadline, an SAA
or the Secretary shall allow a reasonable time to complete all notifications
and corrections, taking into account
the seriousness of the imminent safety
hazard, serious defect, defect or noncompliance, the number of manufactured homes involved, the location of
the homes, and the extent of correction
required, except that in no case shall
the time allowed exceed the following
limits:
(1) In the case of a Final Determination of imminent safety hazard, 30 days
after the issuance of the Final Determination.
(2) In the case of a Final Determination of serious defect, defect or noncompliance, 60 days after the issuance
of the Final Determination.
(c) An SAA that approved a plan or is
handling a proceeding or the Secretary
may grant an extension of the deadlines included in a plan or order if the
manufacturer requests such an extension in writing and shows good cause
for the extension, and the SAA or the
Secretary is satisfied that the extension is justified in the public interest.
When the Secretary grants an extension, the Secretary shall notify the
manufacturer and shall publish notice
of such extension in the FEDERAL REGISTER. When an SAA grants an extension, the SAA shall notify the manufacturer, and forward to the Secretary
a draft notice of the extension to be
published in the FEDERAL REGISTER.
§ 3282.412 Completion of remedial actions and report.
(a) Where a manufacturer is required
to provide notification under this subpart, the manufacturer shall maintain
in its files for five years from the date
the notification campaign is completed
a copy of the notice sent and a complete list of the people and their addresses. The files referred to in this
section shall be organized such that
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§ 3282.413
24 CFR Ch. XX (4–1–10 Edition)
each notification and correction campaign can be readily identified and reviewed by an SAA or the Secretary.
(b) Where a manufacturer is required
to provide correction under § 3282.406 or
where the manufacturer otherwise corrects under § 3282.404(f) or § 3282.407(d),
the manufacturer shall maintain in its
files, for five years from the date the
correction campaign is completed, one
of the following, as appropriate, for
each manufactured home involved.
(1) Where the correction is made, a
certification by the manufacturer that
the repair was made to satisfy completely the standards in effect at the
time the manufactured home was manufactured and that any imminent safety hazard has been eliminated, or
(2) Where the owner refuses to allow
the manufacturer to repair the home, a
certification by the manufacturer that
the owner has been informed of the
problem which may exist in the manufactured home, that the owner has been
informed of any risk to safety or durability of the manufactured home which
may result from the problem, and that
an attempt has been made to repair the
problems only to have the owner refuse
the repair.
(c) If any actions taken under this
subpart are not adequate under the approved plan or an order of the Secretary or an SAA, the manufacturer
may be required to provide additional
notifications or corrections to satisfy
the plan or order.
(d) If, in the course of making corrections under any of the provisions of
this subpart, the manufacturer creates
an imminent safety hazard or serious
defect, the manufacturer shall correct
the imminent safety hazard or serious
defect under § 3282.406.
(e) The manufacturer shall, within 30
days after the deadline for completing
any notifications and, where required,
corrections, under an approved plan or
under an order of an SAA or the Secretary, or any corrections required to
obtain a waiver under § 3282.404(f) or
§ 3282.407(d), provide a complete report
of the action taken to the SAA or the
Secretary that approved the plan under
§ 3282.404(d), granted the waiver, or
issued the order under § 3282.407(c), and
to any other SAA or the Secretary that
forwarded a relevant complaint or in-
formation to the manufacturer under
§ 3282.403.
§ 3282.413 Replacement or repurchase
of manufactured home from purchaser.
(a) Whenever an imminent safety
hazard or serious defect which must be
corrected by the manufacturer at his
expense under § 3282.407 cannot be repaired within 60 days in accordance
with section 615(i) of the Act, the Secretary may require:
(1) That the manufactured home be
replaced by the manufacturer with a
manufactured
home
substantially
equal in size, equipment, and quality,
and either new or in the same condition the defective manufactured home
would have been in at the time of discovery of the imminent safety hazard
or serious defect had the imminent
safety hazard or serious defect not existed; or
(2) That the manufacturer take possession of the manufactured home and
refund the purchase price in full, less a
reasonable allowance for depreciation
based on actual use if the home has
been in the possession of the owner for
more than one year. Such depreciation
shall be based upon an appraisal system approved by the Secretary, and
shall not take into account damage or
deterioration resulting from the imminent safety hazard or serious defect.
(b) In determining whether to order
replacement or refund by the manufacturer, the Secretary shall consider:
(1) The threat of injury or death to
manufactured home occupants;
(2) Any costs and inconvenience to
manufactured home owners which will
result from the lack of adequate repair
within the specified period;
(3) The expense to the manufacturer;
(4) Any obligations imposed on the
manufacturer under contract or other
applicable law of which the Secretary
has knowledge; and
(5) Any other relevant factors which
may be brought to the attention of the
Secretary.
(c) In those situations where, under
contract or other applicable law, the
owner has the right of election between
replacement and refund, the manufacturer shall inform the owner of such
right of election and shall inform the
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§ 3282.414
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Secretary of the election, if any, by the
owner.
(d) This section applies where an attempted correction of an imminent
safety hazard or serious defect relieves
the safety problem but does not bring
the home in conformity to the standards.
(e) Where replacement or refund by
the manufacturer is ordered under this
section, it shall be carried out within
30 days of the Secretary’s order to replace the manufactured home or refund
the purchase price unless the Secretary, for good cause shown, grants an
extension of time for implementation
of such order and publishes notice of
extension in the FEDERAL REGISTER.
§ 3282.414 Manufactured homes in the
hands of dealers and distributors.
(a) The manufacturer is responsible
for correcting any failures to conform
and imminent safety hazards which
exist in manufactured homes which
have been sold or otherwise released to
a distributor or dealer but which have
not yet been sold to a purchaser. This
responsibility generally does not extend to failures to conform or imminent safety hazards that result solely
from transit damage that occurs after
the manufactured home leaves the control of the manufacturer, unless such
transit damage is reasonably foreseeable by the manufacturer when the
home is released by the manufacturer.
This section sets out the procedures to
be followed by dealers and distributors
for handling manufactured homes in
such cases. Regardless of whether the
manufacturer is responsible for repairing a manufactured home, no dealer or
distributor may sell a manufactured
home if it contains a failure to conform
or an imminent safety hazard.
(b) Whenever a dealer or distributor
finds a problem in a manufactured
home which the manufacturer is responsible for correcting under paragraph (a) of this section, the dealer or
distributor shall contact the manufacturer, provide full information concerning the problem, and request appropriate action by the manufacturer
in accord with paragraph (c) of this
section.
Where
the
manufacturer
agrees to correct, the manufacturer
shall maintain a complete record of its
actions. Where the manufacturer authorizes the dealer to make the necessary corrections on a reimbursable
basis, the dealer or distributor shall
maintain a complete record of its actions. Agreement by the manufacturer
to correct or to authorize corrections
on a reimbursable basis under this
paragraph constitutes a determination
of the Secretary for purposes of section
613(b) of the Act with respect to judicial review of the amount which the
manufacturer agrees to reimburse the
dealer or distributor for corrections.
(c) Upon a final determination by the
Secretary or a State Administration
Agency under § 3282.407, or upon a determination by a court of competent
jurisdiction that a manufactured home
fails to conform to the standard or contains an imminent safety hazard after
such manufactured home is sold or otherwise released by a manufacturer to a
distributor or a dealer and prior to the
sale of such manufactured home by
such distributor or dealer to a purchaser, the manufacturer shall have
the option to either:
(1) Immediately furnish, at the manufacturer’s expense, to the purchasing
distributor or dealer the required conforming part or parts or equipment for
installation by the distributor or dealer on or in such manufactured home,
and the manufacturer shall reimburse
such distributor or dealer for the reasonable value of such installation plus
a reasonable reimbursement of not less
than one per centum per month of the
manufacturer’s or distributor’s selling
price prorated from the date of receipt
by certified mail of notice of noncompliance to the date such manufactured home is brought into compliance
with the standards, so long as the distributor or dealer proceeds with reasonable diligence with the installation
after the part or component is received; or
(2) Immediately repurchase, at the
manufacturer’s expense, such manufactured home from such distributor or
dealer at the price paid by such distributor or dealer, plus all transportation charges involved and a reasonable reimbursement of not less than
one per centum per month of such price
paid prorated from the date of receipt
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§ 3282.415
24 CFR Ch. XX (4–1–10 Edition)
by certified mail of notice of the imminent safety hazard, serious defect, defect or noncompliance to the distributor. The value of such reasonable
reimbursements as specified in this
paragraph shall be fixed by mutual
agreement of the parties or by a court
in an action brought under section
613(b) of the Act.
(d) This section shall not apply to
any manufactured home purchased by
a dealer or distributor which has been
leased by such dealer or distributor to
a tenant for purposes other than resale.
In that instance the dealer or distributor has the remedies available to
a purchaser under this subpart.
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§ 3282.415 Notices, bulletins and other
communications.
Each manufacturer shall, at the time
of dispatch, furnish to the Secretary a
true or representative copy of all notices, bulletins, and other written communications to the dealers or distributors of such manufacturer or purchasers or owners of manufactured
homes of such manufacturers regarding
any serious defect or imminent safety
hazard which may exist in any such
manufactured homes produced by such
manufacturer.
Manufacturers
shall
keep complete records of all other communications with dealers, owners, and
purchasers regarding noncompliances,
and defects.
§ 3282.416 Supervision of notification
and correction actions.
(a) The IPIA in each manufacturing
plant shall be responsible for assuring
that notifications are sent to all owners, purchasers, dealers, or distributors
of whom the manufacturer has knowledge under § 3282.211 or otherwise as required by these regulations, and the
IFIA shall be responsible for assuring
that the required corrections are carried out by auditing the certificates required by § 3282.412.
(b) The SAA or Secretary to which
the report required by § 3282.412(e) is
sent shall be responsible for assuring
through oversight that remedial actions described in the report have been
carried out as described in the report.
(c) The SAA of the state in which an
affected manufactured home is located
may inspect that manufactured home
to determine whether any required correction is carried out to the approved
plan or, if there is no plan, to the
standards or other approval obtained
by the manufacturer.
Subpart J—Monitoring of Primary
Inspection Agencies
§ 3282.451 General.
The actions of all primary inspection
agencies accepted under subpart H
shall be monitored by the Secretary or
the Secretary’s agent to determine
whether the PIAs are fulfilling their
responsibilities under these regulations. This monitoring shall be carried
out primarily through joint monitoring
teams made up of personnel supplied by
SAAs and by the Secretary or the Secretary’s agent. Monitoring parties
shall make recommendations to the
Secretary with respect to final acceptance of PIAs under §§ 3282.361(e) and
3282.362(e), continued acceptance, and
disqualification
or
requalification
under § 3282.356, and with respect to any
changes which PIAs should make in
their operations in order to continue to
be approved. Based on this monitoring,
the Secretary shall determine whether
PIAs should continue to be approved
under these regulations.
§ 3282.452 Participation in monitoring.
(a) Joint monitoring teams. (1) The Secretary or the Secretary’s agent shall
develop and coordinate joint monitoring teams which shall be made up of
qualified personnel provided by SAAs
and by the Secretary or the Secretary’s
agent. The Secretary or the Secretary’s agent shall determine whether
personnel are qualified based on education or experience.
(2) The joint monitoring teams will
operate generally on a regional basis.
To the extent possible, the teams shall
be so scheduled that personnel provided
by an SAA will be monitoring operations in manufactured home plants
from which manufactured homes are
shipped into their State.
(3) Personnel from an SAA shall not
participate on joint monitoring teams
operating within their State.
(4) States are encouraged but not required to participate on joint monitoring teams.
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Office of Asst. Sec. for Housing, HUD
§ 3282.501
(b) State monitoring. A State may
carry out monitoring of IPIA functions
at plant facilities within the State if
the State is not acting as an IPIA.
Where a State wishes to carry out
monitoring activities it shall do so in
coordination with the Secretary and
the Secretary’s agent. To the extent
that the State is performing adequate
monitoring, the frequency of the joint
team monitoring may be reduced to
one visit per year consistent with the
requirements of § 3282.453.
(c) Review of staff capability. The monitoring party shall review the capability of the PIA’s staff to perform the
functions it is required to perform.
(d) Review of interpretations. The monitoring party shall review all records of
interpretations of the standards made
by the PIA to determine whether they
are consistent and to determine whether there are any conflicts which should
be referred to the Secretary for determination.
(e) DAPIA. Monitoring parties shall
review on a random basis at least 10
percent of the design and quality assurance manual approvals made by each
DAPIA in each year.
(f) IPIA. The monitoring parties shall
assure that the IPIAs are carrying out
all of the functions for which they have
been accepted. In particular, they shall
assure that the manufacturing process
is as stated in the certification reports,
that the IPIAs are carrying out the required number of inspections, that inspections are effective, and that the
IPIAs are maintaining complete label
control as required by § 3282.362. A monitoring team shall monitor the IPIA’s
office procedures, files, and label control and the monitoring team shall
send copies of its report to the Secretary or the Secretary’s agent, which
shall send copies to all monitoring
teams which monitor the operations of
the subject IPIA.
(g) Remedial actions. The monitoring
parties shall review the remedial action records of the manufacturers and
of the primary inspection agencies
closely to determine whether the primary inspection agencies have been
carrying out their responsibilities with
respect to remedial actions.
§ 3282.453 Frequency
monitoring.
and
extent
(a) The actions of all primary inspection agencies shall be monitored at a
frequency adequate to assure that they
are performing consistently and fulfilling their responsibilities under
these regulations. Every aspect of the
primary inspection agencies’ performance shall be monitored.
(b) Frequency of monitoring. The
performance of each primary inspection agency shall be monitored during
its period of provisional acceptance by
a complete review of its records and, in
the case of IPAs, by a complete inspection of the operations of at least one
manufacturing plant which it has approved or in which it is operating.
After the initial inspection, the performance of each primary inspection
agency shall be monitored four times
per year, except that the number of
monitoring visits may be decreased to
a minimum of one per year if the performance of the primary inspection
agency is deemed by the Secretary or
the Secretary’s agent to be superior,
and it may be increased as necessary if
performance is suspect. There shall be
a minimum of one review per year of
the records of each primary inspection
agency, and there shall be more reviews as needed.
Subpart K—Departmental
Oversight
§ 3282.501
General.
The Secretary shall oversee the performance of SAAs, the Secretary’s
agent, and primary inspection agencies
as follows:
(a) The Secretary shall review SAA
reports to ensure that States are taking appropriate actions with regard to
the enforcement of the standards and
with respect to the functions for which
they are approved under these regulations.
(b) The Secretary shall review monitoring reports submitted by the Secretary’s agent to determine that it is
performing in accordance with the contract between it and the Secretary.
(c) The Secretary shall review monitoring reports to determine whether
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§ 3282.502
24 CFR Ch. XX (4–1–10 Edition)
PIAs are fulfilling their responsibilities under these regulations.
(d) The Secretary shall make random
visits for the purpose of overseeing the
activities of SAAs and the Secretary’s
agent.
(e) The Secretary shall take such
other actions to oversee the system established by these regulations as it
deems appropriate.
(f) All records maintained by all parties acting under these regulations
with respect to those actions shall be
available to the Secretary, the Secretary’s agent, and where appropriate,
SAAs and PIAs for review at any reasonable time.
§ 3282.502 Departmental implementation.
To the extent that SAAs or any parties contracting with the Secretary do
not perform functions called for under
these regulations, those functions shall
be carried out by the Secretary with
its own personnel or through other appropriate parties.
§ 3282.503 Determinations and hearings.
The Secretary shall make all the determinations and hold such hearings as
are required by these regulations, and
the Secretary shall resolve all disputes
arising under these regulations.
Subpart L—Manufacturer, IPIA and
SAA Reports
cprice-sewell on DSK89S0YB1PROD with CFR
§ 3282.551 Scope and purpose.
This subpart describes the reports
which shall be submitted by manufacturers, PIAs and SAAs as part of the
system of enforcement established
under these regulations. Additional reports described in subpart I are required when corrective actions are
taken under that subpart.
§ 3282.552 Manufacturer reports for
joint monitoring fees.
For each month, the manufacturer
shall submit to the IPIA in each of its
manufacturing plants a report that includes the serial numbers of each manufactured home manufactured at that
plant during that preceding month, and
the State of first location, after leaving the manufacturing plant, of such
manufactured homes. The State of first
location for the purpose of this report
is the State of the premises of the distributor, dealer or purchaser to whom
the manufactured home is first
shipped. The report for each month
shall be submitted by the tenth day of
the following month.
§ 3282.553
IPIA reports.
Each IPIA shall submit by the twentieth day of each month to each SAA,
or if no SAA to the Secretary, in each
state where it is engaged in the inspection of manufacturing plants, a report
of the operations of each manufacturer
in that State for the preceding month
which includes the following information:
(a) The number of single-wide and
double-wide manufactured homes labeled in the preceding month;
(b) The number of inspection visits
made to each manufacturing plant in
the preceding month; and
(c) The number of manufactured
homes with a failure to conform to the
standards or an imminent safety hazard during the preceding month found
in the manufacturing plant.
The manufacturers report for the preceding month described in § 3282.552
shall be attached to each such IPIA report as an appendix thereto.
§ 3282.554
SAA reports.
Each SAA shall submit, prior to the
last day of each month, to the Secretary a report covering the preceding
month which includes:
(a) The description and status of all
presentations of views, hearings and
other legal actions during the preceding month; and
(b) The description of the SAA’s oversight activities and findings regarding
consumer complaints, notification and
correction actions during the preceding
month. The IPIA report for the preceding month described in § 3282.553, as
well as the reports described in
§ 3282.413 and manufacturer reports
under § 3282.404(d), which were received
during the preceding month, shall be
attached to each such SAA report as an
appendix thereto.
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| File Type | application/pdf |
| File Modified | 2014-08-28 |
| File Created | 2014-08-28 |