42 U.S.C. § 5404

Manufactured home installation

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(a) Provision of installation design and instructions

A manufacturer shall provide with each manufactured home, design and instructions for the installation of the manufactured home that have been approved by a design approval primary inspection agency. After establishment of model standards under subsection (b)(2), a design approval primary inspection agency may not give such approval unless a design and instruction provides equal or greater protection than the protection provided under such model standards.

(b) Model manufactured home installation standards(1) Proposed model standardsNot 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).(2) Establishment of model standardsNot later than 12 months after receiving the proposed model standards submitted under paragraph (1), the Secretary shall develop and establish model manufactured home installation standards, which shall, to the maximum extent practicable, taking into account the factors described in section 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).(3) Factors for consideration(A) Consensus committee

In developing the proposed model standards under paragraph (1), the consensus committee shall consider the factors described in section 5403(e) of this title.

(B) Secretary

In developing and establishing the model standards under paragraph (2), the Secretary shall consider the factors described in section 5403(e) of this title.

(4) Issuance

The model manufactured home installation standards shall be issued after notice and an opportunity for public comment in accordance with section 553 of title 5.

During the 5-year period beginning on December 27, 2000, no State or manufacturer may establish or implement any installation standards that, in the determination of the Secretary, provide less protection to the residents of manufactured homes than the protection provided by the installation standards in effect with respect to the State or manufacturer, as applicable, on December 27, 2000.

(2) Installation standards(A) Establishment of installation program

Not later than the expiration of the 5-year period described in paragraph (1), the Secretary shall establish an installation program that meets the requirements of paragraph (3) for the enforcement of installation standards in each State described in subparagraph (B) of this paragraph.

(B) Implementation of installation program

Beginning on the expiration of the 5-year period described in paragraph (1), the Secretary shall implement the installation program established under subparagraph (A) in each State that does not have an installation program established by State law that meets the requirements of paragraph (3).

In carrying out subparagraph (B), the Secretary may contract with an appropriate agent to implement the installation program established under that subparagraph, except that such agent shall not be a person or entity other than a government, nor an affiliate or subsidiary of such a person or entity, that has entered into a contract with the Secretary to implement any other regulatory program under this chapter.

(3) RequirementsAn installation program meets the requirements of this paragraph if it is a program regulating the installation of manufactured homes that includes—(A) installation standards that, in the determination of the Secretary, provide protection to the residents of manufactured homes that equals or exceeds the protection provided to those residents by—(i) the model manufactured home installation standards established by the Secretary under subsection (b)(2); or(ii) the designs and instructions provided by manufacturers under subsection (a), if the Secretary determines that such designs and instructions provide protection to the residents of manufactured homes that equals or exceeds the protection provided by the model manufactured home installation standards established by the Secretary under subsection (b)(2);(B) the training and licensing of manufactured home installers; and(C) inspection of the installation of manufactured homes.(Pub. L. 93–383, title VI, § 605, Aug. 22, 1974, 88 Stat. 702; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 106–569, title VI, § 605(a), Dec. 27, 2000, 114 Stat. 3006.)Editorial NotesAmendments

2000—Pub. L. 106–569 amended section catchline and text generally, substituting provisions relating to manufactured home installation for provisions relating to National Manufactured Home Advisory Council.

1980—Subsecs. (a) to (c). Pub. L. 96–399 substituted “Manufactured Home” for “Mobile Home” and “manufactured home” for “mobile home” wherever appearing.

Statutory Notes and Related SubsidiariesEffective 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

Section effective upon the expiration of 180 days following Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title.

Notes of Decisions

Cited in 4 cases, 1988–2004 · leading case: Florida Manufactured Hous. Ass'n v. Cisneros, 53 F.3d 1565 (11th Cir. 1995).

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Florida Manufactured Hous. Ass'n v. Cisneros, 53 F.3d 1565 (11th Cir. 1995). · cites it 4× “42 U.S.C.A. § 5404 (b) (West 1983). At first, HUD determined that it was not feasible to consult with the Advisory Council because of the agency’s expedited schedule; however, after it extended the comment period, HUD did consult with the Advisory Council, which it convened for…”

DRN, Inc. v. Pennsylvania Dep't of Labor & Indus., 853 A.2d 8 (Pa. Commw. Ct. 2004). “In establishing its own standards, each State must comply with 42 U.S.C. § 5404 (manufactured home installation standards).”

MacMillan v. Redman Homes, Inc., 818 S.W.2d 87 (Tex. App. 1991). “42 U.S.C. § 5404 . After subcommittees of the council considered the standards in workshop sessions for three days, the full council made several changes.”

United States v. Fleetwood Enter., Inc., 702 F. Supp. 1082 (D. Del. 1988). “§ 5403 (a), and to the extent feasible with an Advisory Council consisting of the manufactured home industry along with members of consumer organizations, community interests, and representatives of State and local government, 42 U.S.C. § 5404 (b), (a). And the standards are to…”

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