42 USC Ch. 70: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 70-MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
CHAPTER 70-MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
Sec.
5401.
Congressional declaration of purposes.
5402.
Definitions.
5403.
Construction and safety standards.
(a)
Establishment pursuant to orders of Secretary; consultation with Consumer Product Safety Commission; reasonableness; consideration of State and local laws.
(b)
Notice and hearing.
(c)
Effective date of orders establishing standards.
(d)
Supremacy of Federal standards.
(e)
Amendment or revocation by Secretary; effective date.
(f)
Criteria.
(g)
Time for issuance of order establishing initial standards.
(h)
Coverage; exclusion.
(i)
Manufactured housing construction and safety standards.
(j)
New performance standards for hardboard siding.
5404.
National Manufactured Home Advisory Council.
(a)
Appointment; composition; appointments without regard to civil service laws; publication of names of members and designation of members representing general public.
(b)
Consultation by Secretary with Council prior to establishment, etc., of standards.
(c)
Compensation; per diem; travel expenses.
5405.
Judicial review of orders establishing standards; petition; additional evidence before Secretary; certified copy of transcript.
5406.
Submission of cost or other information by manufacturer.
(a)
Purpose of submission; detail of information.
(b)
Conditions upon availability to public of submitted information.
(c)
Establishment, etc., of standards on basis of submitted information; publication of notice in Federal Register by Secretary to allow comment by interested parties.
(d)
"Cost information" defined.
(e)
Power of Secretary to obtain or require submission of information under other provisions unaffected.
5407.
Research, testing, development, and training by Secretary; scope; contracts and grants with States, interstate agencies, and independent institutions.
5408.
Cooperation by Secretary with public and private agencies.
5409.
Prohibited acts; exemptions.
5410.
Civil and criminal penalties.
5411.
Injunctive relief.
(a)
Jurisdiction; petition of United States attorney or Attorney General; notice by Secretary to affected persons to present views.
(b)
Criminal contempt proceedings; conduct of trial.
(c)
Venue.
(d)
Subpenas.
(e)
Designation by manufacturer of agent for service of administrative and judicial processes, etc.; filing and amendment of designation; failure to make designation.
5412.
Noncompliance with standards or defective nature of manufactured home; administrative or judicial determination; repurchase by manufacturer or repair by distributor or dealer; reimbursement of expenses, etc., by manufacturer; injunctive relief against manufacturer for failure to comply; jurisdiction and venue; damages; period of limitation.
5413.
Inspections and investigations for promulgation or enforcement of standards or execution of other duties.
(a)
Authority of Secretary; results furnished to Attorney General and Secretary of the Treasury for appropriate action.
(b)
Designation by Secretary of persons to enter and inspect factories, etc.; presentation of credentials; reasonableness and scope of inspection.
(c)
Powers of Secretary.
(d)
Refusal to obey subpena or order of Secretary; order of compliance by district court; failure to obey order of compliance punishable as contempt.
(e)
Submission by manufacturer of building plans for manufactured homes; certification by manufacturer of conformity of building plans to standards.
(f)
Records, reports and information from manufacturers, distributors and dealers of manufactured homes; inspection and examination of relevant books, papers, records and documents by designated person.
(g)
Performance and technical data from manufacturer; persons required to receive notification of data.
(h)
Disclosure of confidential information and trade secrets.
5414.
Notification and correction of defects by manufacturer.
(a)
Notice to purchaser within reasonable time after discovery of defect.
(b)
Notification by mail.
(c)
Form and requisites of notification.
(d)
Copy to Secretary of all notices, bulletins, and communications sent by manufacturer to dealers and purchasers concerning defects; disclosure to public by Secretary.
(e)
Notice by Secretary to manufacturers of noncompliance with standards or defective nature of manufactured home; contents of notice; presentation by manufacturer of views; notice to purchasers of defects.
(f)
Maintenance by manufacturers of record of names and addresses of first purchasers of manufactured homes; procedures for ascertaining names and addresses of subsequent purchasers; establishment and reasonableness of procedures for maintaining records.
(g)
Correction of defects by manufacturer; conditions; procedures; contract or legal rights of purchasers or other persons unaffected.
(h)
Submission to Secretary by manufacturer of plan for notifying owners of defects and repair of defects; approval of manufacturer's remedy plan; effectuation and implementation of remedy plan.
(i)
Defective or inadequately repaired manufactured homes; replacement with new or equivalent home or refund of purchase price.
5415.
Certification by manufacturer of conformity of manufactured home with standards; form and placement of certification.
5416.
Consumer's manual; contents.
5417.
Effect upon antitrust laws.
5418
Use of services, research and testing facilities of public agencies and independent laboratories.
5419.
Inspection fees.
5420.
Failure to report violations; penalties.
5421.
Prohibition on waiver of rights.
5422.
State enforcement.
(a)
Jurisdiction of State agency or court under State law.
(b)
Assumption of responsibility for enforcement of Federal standards; submission of enforcement plan to Secretary.
(c)
Criteria for approval of State plan by Secretary.
(d)
Notice and hearing prior to rejection by Secretary of State plan.
(e)
Discretionary enforcement by Secretary of standards in State having approved plan.
(f)
Annual evaluation by Secretary of execution of State plan; basis of evaluation; submission of evaluation and data to Congress; determination by Secretary of improper administration, etc., of State plan; procedure; effect of determination.
5423.
Grants to States.
(a)
Purposes.
(b)
Designation by Governor of State agency for receipt of grant.
(c)
Submission of application by State agency to Secretary; review by Secretary.
(d)
Amount of Federal share; equality of distribution of funds.
5424.
Rules and regulations.
5425.
Reports to Congress.
(a)
Contents of annual report.
(b)
Recommendations of annual report.
(c)
Study and report of State inspection requirements and procedures for used manufactured homes; time for submission; contents and recommendations of report.
5426.
Authorization of appropriations.
Chapter Referred to in Other Sections
This chapter is referred to in section 1472 of this title; title 12 section 1703.