42 U.s.c. 5403

Page 5585

TITLE 42—THE PUBLIC HEALTH AND WELFARE
REFERENCES IN TEXT

For definition of Canal Zone, referred to in pars. (12)
and (13), see section 3602(b) of Title 22, Foreign Relations and Intercourse.
CODIFICATION
References to ‘‘mobile homes’’, wherever appearing in
text, changed to ‘‘manufactured homes’’ in view of the
amendment of title VI of the Housing and Community
Development Act of 1974 (this chapter) by section
308(c)(4) of Pub. L. 96–399 requiring the substitution of
‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing in title VI of the Housing and Community Development Act of 1974, and section 339B(c) of Pub. L.
97–35 (set out as a note under section 1703 of Title 12,
Banks and Banking) providing that the terms ‘‘mobile
home’’ and ‘‘manufactured home’’ shall be deemed to
include the terms ‘‘mobile homes’’ and ‘‘manufactured
homes’’, respectively.
AMENDMENTS
2000—Par. (2). Pub. L. 106–569, § 603(a)(1), substituted
‘‘retailer’’ for ‘‘dealer’’.
Pars. (14) to (21). Pub. L. 106–569, § 603(a)(2)–(4), added
pars. (14) to (21).
1998—Par. (6). Pub. L. 105–276 inserted before semicolon at end ‘‘; and except that such term shall not include any self-propelled recreational vehicle’’.
1980—Pars. (1), (2), (3). Pub. L. 96–399, § 308(c)(4), substituted ‘‘manufactured home’’ for ‘‘mobile home’’
wherever appearing.
Par. (6). Pub. L. 96–399, § 308(c)(4), (d), substituted
‘‘manufactured home’’ for ‘‘mobile home’’, substituted
‘‘in the traveling mode, is eight body feet or more in
width or forty body feet or more in length, or, when
erected on site, is three hundred twenty or more square
feet’’ for ‘‘is eight body feet or more in width and is
thirty-two body feet or more in length’’, and inserted
exception relating to inclusion of any structure meeting all requirements of this paragraph except size and
with respect to which a certification is voluntarily
filed and standards complied with.
Pars. (7), (8), (10). Pub. L. 96–399, § 308(c)(4), substituted ‘‘manufactured home’’ for ‘‘mobile home’’
wherever appearing.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or
interpretative bulletin issued under this chapter and
published as a proposed rule pursuant to 5 U.S.C. 553 on
or before Dec. 27, 2000, see section 612 of Pub. L. 106–569,
set out as a note under section 5401 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–276, title V, § 599A(b), Oct. 21, 1998, 112
Stat. 2660, provided that: ‘‘The amendment made by
this section [amending this section] is made on, and
shall apply beginning upon, the date of the enactment
of this Act [Oct. 21, 1998].’’

§ 5403. Construction and safety standards
(a) Establishment
(1) Authority
The Secretary shall establish, by order, appropriate Federal manufactured home construction and safety standards, each of
which—
(A) shall—
(i) be reasonable and practical;
(ii) meet high standards of protection
consistent with the purposes of this chapter; and
(iii) be performance-based and objectively stated, unless clearly inappropriate;
and

§ 5403

(B) except as provided in subsection (b) of
this section, shall be established in accordance with the consensus standards development process.
(2) Consensus standards and regulatory development process
(A) Initial agreement
Not later than 180 days after December 27,
2000, the Secretary shall enter into a contract with an administering organization.
The contractual agreement shall—
(i) terminate on the date on which a contract is entered into under subparagraph
(B); and
(ii) require the administering organization to—
(I) recommend the initial members of
the consensus committee under paragraph (3);
(II) administer the consensus standards
development process until the termination of that agreement; and
(III) administer the consensus development and interpretation process for procedural and enforcement regulations and
regulations specifying the permissible
scope and conduct of monitoring until
the termination of that agreement.
(B) Competitively procured contract
Upon the expiration of the 4-year period
beginning on the date on which all members
of the consensus committee are appointed
under paragraph (3), the Secretary shall,
using competitive procedures (as such term
is defined in section 132 of title 41), enter
into a competitively awarded contract with
an administering organization. The administering organization shall administer the
consensus process for the development and
interpretation of the Federal standards, the
procedural and enforcement regulations, and
regulations specifying the permissible scope
and conduct of monitoring, in accordance
with this chapter.
(C) Performance review
The Secretary—
(i) shall periodically review the performance of the administering organization;
and
(ii) may replace the administering organization with another qualified technical
or building code organization, pursuant to
competitive procedures, if the Secretary
determines in writing that the administering organization is not fulfilling the terms
of the agreement or contract to which the
administering organization is subject or
upon the expiration of the agreement or
contract.
(3) Consensus committee
(A) Purpose
There is established a committee to be
known as the ‘‘consensus committee’’, which
shall, in accordance with this chapter—
(i) provide periodic recommendations to
the Secretary to adopt, revise, and interpret the Federal manufactured housing
construction and safety standards in accordance with this subsection;

§ 5403

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(ii) provide periodic recommendations to
the Secretary to adopt, revise, and interpret the procedural and enforcement regulations, including regulations specifying
the permissible scope and conduct of monitoring in accordance with subsection (b)
of this section;
(iii) be organized and carry out its business in a manner that guarantees a fair opportunity for the expression and consideration of various positions and for public
participation; and
(iv) be deemed to be an advisory committee not composed of Federal employees.
(B) Membership
The consensus committee shall be composed of—
(i) twenty-one voting members appointed
by the Secretary, after consideration of
the recommendations of the administering
organization, from among individuals who
are qualified by background and experience to participate in the work of the consensus committee; and
(ii) one nonvoting member appointed by
the Secretary to represent the Secretary
on the consensus committee.
(C) Disapproval
The Secretary shall state, in writing, the
reasons for failing to appoint any individual
recommended under paragraph (2)(A)(ii)(I).
(D) Selection procedures and requirements
Each member of the consensus committee
shall be appointed in accordance with selection procedures, which shall be based on the
procedures for consensus committees promulgated by the American National Standards Institute (or successor organization),
except that the American National Standards Institute interest categories shall be
modified for purposes of this paragraph to
ensure equal representation on the consensus committee of the following interest categories:
(i) Producers
Seven producers or retailers of manufactured housing.
(ii) Users
Seven persons representing consumer interests, such as consumer organizations,
recognized consumer leaders, and owners
who are residents of manufactured homes.
(iii) General interest and public officials
Seven general interest and public official
members.
(E) Balancing of interests
(i) In general
In order to achieve a proper balance of
interests on the consensus committee, the
Secretary, in appointing the members of
the consensus committee—
(I) shall ensure that all directly and
materially affected interests have the
opportunity for fair and equitable participation without dominance by any
single interest; and

Page 5586

(II) may reject the appointment of any
one or more individuals in order to ensure that there is not dominance by any
single interest.
(ii) Dominance defined
In this subparagraph, the term ‘‘dominance’’ means a position or exercise of
dominant authority, leadership, or influence by reason of superior leverage,
strength, or representation.
(F) Additional qualifications
(i) Financial independence
No individual appointed under subparagraph (D)(ii) shall have, and three of the
individuals appointed under subparagraph
(D)(iii) shall not have—
(I) a significant financial interest in
any segment of the manufactured housing industry; or
(II) a significant relationship to any
person engaged in the manufactured
housing industry.
(ii) Post-employment ban
Each individual described in clause (i)
shall be subject to a ban disallowing compensation from the manufactured housing
industry during the period of, and during
the 1-year following, the membership of
the individual on the consensus committee.
(G) Meetings
(i) Notice; open to public
The consensus committee shall provide
advance notice of each meeting of the consensus committee to the Secretary and
cause to be published in the Federal Register advance notice of each such meeting.
All meetings of the consensus committee
shall be open to the public.
(ii) Reimbursement
Members of the consensus committee in
attendance at meetings of the consensus
committee shall be reimbursed for their
actual expenses as authorized by section
5703 of title 5 for persons employed intermittently in Government service.
(H) Administration
The consensus committee and the administering organization shall—
(i) operate in conformance with the procedures established by the American National Standards Institute for the development and coordination of American National Standards; and
(ii) apply to the American National
Standards Institute and take such other
actions as may be necessary to obtain accreditation from the American National
Standards Institute.
(I) Staff and technical support
The administering organization shall,
upon the request of the consensus committee—
(i) provide reasonable staff resources to
the consensus committee; and
(ii) furnish technical support in a timely
manner to any of the interest categories

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

described in subparagraph (D) represented
on the consensus committee, if—
(I) the support is necessary to ensure
the informed participation of the consensus committee members; and
(II) the costs of providing the support
are reasonable.
(J) Date of initial appointments
The initial appointments of all the members of the consensus committee shall be
completed not later than 90 days after the
date on which a contractual agreement
under paragraph (2)(A) is entered into with
the administering organization.
(4) Revisions of standards
(A) In general
Beginning on the date on which all members of the consensus committee are appointed under paragraph (3), the consensus
committee shall, not less than once during
each 2-year period—
(i) consider revisions to the Federal
manufactured home construction and safety standards; and
(ii) submit proposed revised standards, if
approved in a vote of the consensus committee by two-thirds of the members, to
the Secretary in the form of a proposed
rule, including an economic analysis.
(B) Publication of proposed revised standards
(i) Publication by the Secretary
The consensus committee shall provide a
proposed revised standard under subparagraph (A)(ii) to the Secretary who shall,
not later than 30 days after receipt, cause
such proposed revised standard to be published in the Federal Register for notice
and comment in accordance with section
553 of title 5. Unless clause (ii) applies, the
Secretary shall provide an opportunity for
public comment on such proposed revised
standard in accordance with such section
553 and any such comments shall be submitted directly to the consensus committee, without delay.
(ii) Publication of rejected proposed revised standards
If the Secretary rejects the proposed revised standard, the Secretary shall cause
to be published in the Federal Register the
rejected proposed revised standard, the
reasons for rejection, and any recommended modifications set forth.
(C) Presentation of public comments; publication of recommended revisions
(i) Presentation
Any public comments, views, and objections to a proposed revised standard published under subparagraph (B) shall be presented by the Secretary to the consensus
committee upon their receipt and in the
manner received, in accordance with procedures established by the American National Standards Institute.
(ii) Publication by the Secretary
The consensus committee shall provide
to the Secretary any revision proposed by

§ 5403

the consensus committee, which the Secretary shall, not later than 30 calendar
days after receipt, cause to be published in
the Federal Register a notice of the recommended revisions of the consensus committee to the standards, a notice of the
submission of the recommended revisions
to the Secretary, and a description of the
circumstances under which the proposed
revised standards could become effective.
(iii) Publication of rejected proposed revised standards
If the Secretary rejects the proposed revised standard, the Secretary shall cause
to be published in the Federal Register the
rejected proposed revised standard, the
reasons for rejection, and any recommended modifications set forth.
(5) Review by the Secretary
(A) In general
The Secretary shall either adopt, modify,
or reject a standard, as submitted by the
consensus
committee
under
paragraph
(4)(A).
(B) Timing
Not later than 12 months after the date on
which a standard is submitted to the Secretary by the consensus committee, the Secretary shall take action regarding such
standard under subparagraph (C).
(C) Procedures
If the Secretary—
(i) adopts a standard recommended by
the consensus committee, the Secretary
shall—
(I) issue a final order without further
rulemaking; and
(II) cause the final order to be published in the Federal Register;
(ii) determines that any standard should
be rejected, the Secretary shall—
(I) reject the standard; and
(II) cause to be published in the Federal Register a notice to that effect, together with the reason or reasons for rejecting the proposed standard; or
(iii) determines that a standard recommended by the consensus committee
should be modified, the Secretary shall—
(I) cause to be published in the Federal
Register the proposed modified standard,
together with an explanation of the reason or reasons for the determination of
the Secretary; and
(II) provide an opportunity for public
comment in accordance with section 553
of title 5.
(D) Final order
Any final standard under this paragraph
shall become effective pursuant to subsection (c) of this section.
(6) Failure to act
If the Secretary fails to take final action
under paragraph (5) and to cause notice of the
action to be published in the Federal Register
before the expiration of the 12-month period

§ 5403

TITLE 42—THE PUBLIC HEALTH AND WELFARE

beginning on the date on which the proposed
revised standard is submitted to the Secretary
under paragraph (4)(A)—
(A) the Secretary shall appear in person
before the appropriate housing and appropriations subcommittees and committees of
the House of Representatives and the Senate
(referred to in this paragraph as the ‘‘committees’’) on a date or dates to be specified
by the committees, but in no event later
than 30 days after the expiration of that 12month period, and shall state before the
committees the reasons for failing to take
final action as required under paragraph (5);
and
(B) if the Secretary does not appear in person as required under subparagraph (A), the
Secretary shall thereafter, and until such
time as the Secretary does appear as required under subparagraph (A), be prohibited
from expending any funds collected under
authority of this title in an amount greater
than that collected and expended in the fiscal year immediately preceding December
27, 2000, indexed for inflation as determined
by the Congressional Budget Office.
(b) Other orders
(1) Regulations
The Secretary may issue procedural and enforcement regulations and revisions to existing regulations as necessary to implement the
provisions of this chapter. The consensus committee may submit to the Secretary proposed
procedural and enforcement regulations and
recommendations for the revision of such regulations.
(2) Interpretative bulletins
The Secretary may issue interpretative bulletins to clarify the meaning of any Federal
manufactured home construction and safety
standard or procedural and enforcement regulation. The consensus committee may submit
to the Secretary proposed interpretative bulletins to clarify the meaning of any Federal
manufactured home construction and safety
standard or procedural and enforcement regulation.
(3) Review by consensus committee
Before issuing a procedural or enforcement
regulation or an interpretative bulletin—
(A) the Secretary shall—
(i) submit the proposed procedural or enforcement regulation or interpretative
bulletin to the consensus committee; and
(ii) provide the consensus committee
with a period of 120 days to submit written
comments to the Secretary on the proposed procedural or enforcement regulation or the interpretative bulletin; and
(B) if the Secretary rejects any significant
comment provided by the consensus committee under subparagraph (A), the Secretary
shall provide a written explanation of the
reasons for the rejection to the consensus
committee; and
(C) following compliance with subparagraphs (A) and (B), the Secretary shall—
(i) cause the proposed regulation or interpretative bulletin and the consensus

Page 5588

committee’s written comments, along
with the Secretary’s response thereto, to
be published in the Federal Register; and
(ii) provide an opportunity for public
comment in accordance with section 553 of
title 5.
(4) Required action
Not later than 120 days after the date on
which the Secretary receives a proposed regulation or interpretative bulletin submitted by
the consensus committee, the Secretary
shall—
(A) approve the proposal and cause the
proposed regulation or interpretative bulletin to be published for public comment in
accordance with section 553 of title 5; or
(B) reject the proposed regulation or interpretative bulletin and—
(i) provide to the consensus committee a
written explanation of the reasons for rejection; and
(ii) cause to be published in the Federal
Register the rejected proposed regulation
or interpretive bulletin, the reasons for rejection, and any recommended modifications set forth.
(5) Authority to act and emergency
If the Secretary determines, in writing, that
such action is necessary to address an issue on
which the Secretary determines that the consensus committee has not made a timely recommendation following a request by the Secretary, or in order to respond to an emergency
that jeopardizes the public health or safety,
the Secretary may issue an order that is not
developed under the procedures set forth in
subsection (a) of this section or in this subsection, if the Secretary—
(A) provides to the consensus committee a
written description and sets forth the reasons why action is necessary and all supporting documentation; and
(B) issues the order after notice and an opportunity for public comment in accordance
with section 553 of title 5, and causes the
order to be published in the Federal Register.
(6) Changes
Any statement of policies, practices, or procedures relating to construction and safety
standards, regulations, inspections, monitoring, or other enforcement activities that constitutes a statement of general or particular
applicability to implement, interpret, or prescribe law or policy by the Secretary is subject to subsection (a) of this section or this
subsection. Any change adopted in violation of
subsection (a) of this section or this subsection is void.
(7) Transition
Until the date on which the consensus committee is appointed pursuant to subsection
(a)(3) of this section, the Secretary may issue
proposed orders, pursuant to notice and comment in accordance with section 553 of title 5
that are not developed under the procedures
set forth in this section for new and revised
standards.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(c) Effective date of orders establishing standards
Each order establishing a Federal manufactured home construction and safety standard
shall specify the date such standard is to take
effect, which shall not be sooner than one hundred and eighty days or later than one year after
the date such order is issued, unless the Secretary finds, for good cause shown, that an earlier or later effective date is in the public interest, and publishes his reasons for such finding.
(d) Supremacy of Federal standards
Whenever a Federal manufactured home construction and safety standard established under
this chapter is in effect, no State or political
subdivision of a State shall have any authority
either to establish, or to continue in effect, with
respect to any manufactured home covered, any
standard regarding the construction or safety
applicable to the same aspect of performance of
such manufactured home which is not identical
to the Federal manufactured home construction
and safety standard. Federal preemption under
this subsection shall be broadly and liberally
construed to ensure that disparate State or
local requirements or standards do not affect
the uniformity and comprehensiveness of the
standards promulgated under this section nor
the Federal superintendence of the manufactured housing industry as established by this
chapter. Subject to section 5404 of this title,
there is reserved to each State the right to establish standards for the stabilizing and support
systems of manufactured homes sited within
that State, and for the foundations on which
manufactured homes sited within that State are
installed, and the right to enforce compliance
with such standards, except that such standards
shall be consistent with the purposes of this
chapter and shall be consistent with the design
of the manufacturer.
(e) Considerations in establishing and interpreting standards and regulations
The consensus committee, in recommending
standards, regulations, and interpretations, and
the Secretary, in establishing standards or regulations or issuing interpretations under this section, shall—
(1) consider relevant available manufactured
home construction and safety data, including
the results of the research, development, testing, and evaluation activities conducted pursuant to this chapter, and those activities conducted by private organizations and other governmental agencies to determine how to best
protect the public;
(2) consult with such State or interstate
agencies (including legislative committees) as
he deems appropriate;
(3) consider whether any such proposed
standard is reasonable for the particular type
of manufactured home or for the geographic
region for which it is prescribed;
(4) consider the probable effect of such
standard on the cost of the manufactured
home to the public; and
(5) consider the extent to which any such
standard will contribute to carrying out the
purposes of this chapter.

§ 5403

(f) Coverage; exclusion
The Secretary shall exclude from the coverage
of this chapter any structure which the manufacturer certifies, in a form prescribed by the
Secretary, to be:
(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 a nationally recognized model building
code or an equivalent local code, or with a
State or local modular building code recognized as generally equivalent to building codes
for site-built housing, or with minimum property standards adopted by the Secretary pursuant to title II of the National Housing Act
[12 U.S.C. 1707 et seq.]; and
(4) to the manufacturer’s knowledge is not
intended to be used other than on a site-built
permanent foundation.
(g) Manufactured housing construction and safety standards
(1) The Federal manufactured home construction and safety standards established by the
Secretary under this section shall include preemptive energy conservation standards in accordance with this subsection.
(2) The energy conservation standards established under this subsection shall be cost-effective energy conservation performance standards
designed to ensure the lowest total of construction and operating costs.
(3) The energy conservation standards established under this subsection shall take into consideration the design and factory construction
techniques of manufactured homes and shall
provide for alternative practices that result in
net estimated energy consumption equal to or
less than the specified standards.
(h) New performance standards for hardboard
siding
The Secretary shall develop a new standard
for hardboard panel siding on manufactured
housing taking into account durability, longevity, consumer’s costs for maintenance and any
other relevant information pursuant to subsection (e) of this section. The Secretary shall
consult with the National Manufactured Home
Advisory Council and the National Commission
on Manufactured Housing in establishing the
new standard. The new performance standard
developed shall ensure the durability of hardboard sidings for at least a normal life of a
mortgage with minimum maintenance required.
Not later than 180 days from October 28, 1992,
the Secretary shall update the standards for
hardboard siding.
(Pub. L. 93–383, title VI, § 604, Aug. 22, 1974, 88
Stat. 701; Pub. L. 95–128, title IX, § 902(a), Oct. 12,
1977, 91 Stat. 1149; Pub. L. 96–399, title III,
§ 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L.
98–479, title II, § 204(l), Oct. 17, 1984, 98 Stat. 2233;
Pub. L. 100–242, title V, § 568, Feb. 5, 1988, 101
Stat. 1948; Pub. L. 102–550, title IX, § 907, Oct. 28,
1992, 106 Stat. 3873; Pub. L. 106–569, title VI, § 604,
Dec. 27, 2000, 114 Stat. 2999.)
REFERENCES IN TEXT
The National Housing Act, referred to in subsec.
(f)(3), is act June 27, 1934, ch. 847, 48 Stat. 1246, as

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

amended. Title II of the National Housing Act is classified principally to subchapter II (§ 1707 et seq.) of chapter 13 of Title 12, Banks and Banking. For complete
classification of this Act to the Code, see section 1701
of Title 12 and Tables.
CODIFICATION
In subsec. (a)(2)(B), ‘‘section 132 of title 41’’ substituted for ‘‘section 4 of the Office of Federal Procurement Policy Act’’ on authority of Pub. L. 111–350, § 6(c),
Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41,
Public Contracts.
AMENDMENTS
2000—Subsec. (a). Pub. L. 106–569, § 604(1), added subsec. (a) and struck out former subsec. (a) which read as
follows: ‘‘The Secretary, after consultation with the
Consumer Product Safety Commission, shall establish
by order appropriate Federal manufactured home construction and safety standards. Each such Federal manufactured home standard shall be reasonable and shall
meet the highest standards of protection, taking into
account existing State and local laws relating to manufactured home safety and construction.’’
Subsec. (b). Pub. L. 106–569, § 604(1), added subsec. (b)
and struck out former subsec. (b) which read as follows:
‘‘All orders issued under this section shall be issued
after notice and an opportunity for interested persons
to participate are provided in accordance with the provisions of section 553 of title 5.’’
Subsec. (d). Pub. L. 106–569, § 604(2), inserted at end
‘‘Federal preemption under this subsection shall be
broadly and liberally construed to ensure that disparate State or local requirements or standards do not affect the uniformity and comprehensiveness of the
standards promulgated under this section nor the Federal superintendence of the manufactured housing industry as established by this chapter. Subject to section 5404 of this title, there is reserved to each State
the right to establish standards for the stabilizing and
support systems of manufactured homes sited within
that State, and for the foundations on which manufactured homes sited within that State are installed, and
the right to enforce compliance with such standards,
except that such standards shall be consistent with the
purposes of this chapter and shall be consistent with
the design of the manufacturer.’’
Subsec. (e). Pub. L. 106–569, § 604(3), (4), redesignated
subsec. (f) as (e), inserted heading, substituted ‘‘The
consensus committee, in recommending standards, regulations, and interpretations, and the Secretary, in establishing standards or regulations or issuing interpretations under this section, shall—’’ for ‘‘In establishing
standards under this section, the Secretary shall—’’ in
introductory provisions, and struck out former subsec.
(e) which read as follows: ‘‘The Secretary may by order
amend or revoke any Federal manufactured home construction or safety standard established under this section. Such order shall specify the date on which such
amendment or revocation is to take effect, which shall
not be sooner than one hundred and eighty days or
later than one year from the date the order is issued,
unless the Secretary finds, for good cause shown, that
an earlier or later date is in the public interest, and
publishes his reasons for such finding.’’
Subsec. (f). Pub. L. 106–569, § 604(7), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (e).
Subsec. (g). Pub. L. 106–569, § 604(5), (7), redesignated
subsec. (i) as (g) and struck out former subsec. (g)
which read as follows: ‘‘The Secretary shall issue an
order establishing initial Federal manufactured home
construction and safety standards not later than one
year after August 22, 1974.’’
Subsec. (h). Pub. L. 106–569, § 604(7), redesignated subsec. (j) as (h). Former subsec. (h) redesignated (f).
Subsec. (i). Pub. L. 106–569, § 604(7), redesignated subsec. (i) as (g).
Subsec. (j). Pub. L. 106–569, § 604(6), (7), substituted
‘‘subsection (e) of this section’’ for ‘‘subsection (f) of
this section’’ and redesignated subsec. (j) as (h).

Page 5590

1992—Subsec. (j). Pub. L. 102–550 added subsec. (j).
1988—Subsec. (i). Pub. L. 100–242 added subsec. (i).
1984—Subsec. (e). Pub. L. 98–479 substituted ‘‘that’’
for ‘‘than’’ before ‘‘an earlier or later date’’.
1980—Subsecs. (a), (c) to (g). Pub. L. 96–399 substituted
‘‘manufactured home’’ for ‘‘mobile home’’ wherever appearing.
1977—Subsec. (h). Pub. L. 95–128 added subsec. (h).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–569 effective Dec. 27, 2000,
except that amendment has no effect on any order or
interpretative bulletin issued under this chapter and
published as a proposed rule pursuant to 5 U.S.C. 553 on
or before Dec. 27, 2000, see section 612 of Pub. L. 106–569,
set out as a note under section 5401 of this title.
EXCEPTION TO FEDERAL PREEMPTION FOR THERMAL
INSULATION AND ENERGY EFFICIENCY STANDARDS
Pub. L. 102–486, title I, § 104(c), Oct. 24, 1992, 106 Stat.
2792, provided that: ‘‘If the Secretary of Housing and
Urban Development has not issued, within 1 year after
the date of the enactment of this Act [Oct. 24, 1992],
final regulations pursuant to section 604 of the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. 5403) that establish
thermal insulation and energy efficiency standards for
manufactured housing that take effect before January
1, 1995, then States may establish thermal insulation
and energy efficiency standards for manufactured housing if such standards are at least as stringent as thermal performance standards for manufactured housing
contained in the Second Public Review Draft of BSR/
ASHRAE 90.2P entitled ‘Energy Efficient Design of
Low-Rise Residential Buildings’ and all public reviews
of Independent Substantive Changes to such document
that have been approved on or before the date of the enactment of this Act.’’

§ 5404. Manufactured home installation
(a) Provision of installation design and instructions
A manufacturer shall provide with each manufactured home, design and instructions for the
installation of the manufactured home that
have been approved by a design approval primary inspection agency. After establishment of
model standards under subsection (b)(2) of this
section, a design approval primary inspection
agency may not give such approval unless a design and instruction provides equal or greater
protection than the protection provided under
such model standards.
(b) Model manufactured home installation standards
(1) Proposed model standards
Not later than 18 months after the date on
which the initial appointments of all the
members of the consensus committee are completed, the consensus committee shall develop
and submit to the Secretary proposed model
manufactured home installation standards,
which shall, to the maximum extent practicable, taking into account the factors described in section 5403(e) of this title, be consistent with—
(A) the manufactured home designs that
have been approved by a design approval primary inspection agency; and
(B) the designs and instructions for the installation of manufactured homes provided
by manufacturers under subsection (a) of
this section.