---
kind: "section"
citation: "42 U.S.C. § 5403"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5403"
heading: "Construction and safety standards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/5403"
units:
  - "Chapter 70 — Manufactured Home Construction and Safety Standards"
---

# §5403. Construction and safety standards

- (a) **Establishment—**
  - (1) **Authority—** The [Secretary](/usc/42/5402.md?p=11) shall establish, by order, appropriate [Federal manufactured home construction and safety standards](/usc/42/5402.md?p=7), 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
    - (B) except as provided in [subsection (b)](#b), shall be established in accordance with the [consensus standards development process](/usc/42/5402.md?p=16).
  - (2) **Consensus standards and regulatory development process—**
    - (A) **Initial agreement—** Not later than 180 days after December 27, 2000, the [Secretary](/usc/42/5402.md?p=11) shall enter into a contract with an [administering organization](/usc/42/5402.md?p=14). The contractual agreement shall—
      - (i) terminate on the date on which a contract is entered into under [subparagraph (B)](#a-2-B); and
      - (ii) require the [administering organization](/usc/42/5402.md?p=14) to—
        - (I) recommend the initial members of the [consensus committee](/usc/42/5402.md?p=15) under [paragraph (3)](#a-3);
        - (II) administer the [consensus standards development process](/usc/42/5402.md?p=16) 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](/usc/42/5402.md?p=20) 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](/usc/42/5402.md?p=15) are appointed under [paragraph (3)](#a-3), the [Secretary](/usc/42/5402.md?p=11) shall, using competitive procedures (as such term is defined in [section 132 of title 41](/usc/41/132.md)), enter into a competitively awarded contract with an [administering organization](/usc/42/5402.md?p=14). The [administering organization](/usc/42/5402.md?p=14) 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](/usc/42/5402.md?p=20), in accordance with this chapter.
    - (C) **Performance review—** The [Secretary](/usc/42/5402.md?p=11)—
      - (i) shall periodically review the performance of the [administering organization](/usc/42/5402.md?p=14); and
      - (ii) may replace the [administering organization](/usc/42/5402.md?p=14) with another qualified technical or building code organization, pursuant to competitive procedures, if the [Secretary](/usc/42/5402.md?p=11) determines in writing that the [administering organization](/usc/42/5402.md?p=14) is not fulfilling the terms of the agreement or contract to which the [administering organization](/usc/42/5402.md?p=14) 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](/usc/42/5402.md?p=15)”, which shall, in accordance with this chapter—
      - (i) provide periodic recommendations to the [Secretary](/usc/42/5402.md?p=11) to adopt, revise, and interpret the Federal manufactured housing [construction](/usc/42/300s–3.md?p=7) and safety standards in accordance with this subsection;
      - (ii) provide periodic recommendations to the [Secretary](/usc/42/5402.md?p=11) to adopt, revise, and interpret the procedural and enforcement regulations, including regulations specifying the permissible scope and conduct of [monitoring](/usc/42/5402.md?p=20) in accordance with [subsection (b)](#b);
      - (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](/usc/42/17061.md?p=2) not composed of Federal employees.
    - (B) **Membership—** The [consensus committee](/usc/42/5402.md?p=15) shall be composed of—
      - (i) twenty-one voting members appointed by the [Secretary](/usc/42/5402.md?p=11), after consideration of the recommendations of the [administering organization](/usc/42/5402.md?p=14), from among individuals who are qualified by background and experience to participate in the work of the [consensus committee](/usc/42/5402.md?p=15); and
      - (ii) one nonvoting member appointed by the [Secretary](/usc/42/5402.md?p=11) to represent the [Secretary](/usc/42/5402.md?p=11) on the [consensus committee](/usc/42/5402.md?p=15).
    - (C) **Disapproval—** The [Secretary](/usc/42/5402.md?p=11) shall [state](/usc/42/5402.md?p=12), in writing, the reasons for failing to appoint any individual recommended under [paragraph (2)(A)(ii)(I)](#a-2-A-ii-I).
    - (D) **Selection procedures and requirements—** Each member of the [consensus committee](/usc/42/5402.md?p=15) shall be appointed in accordance with selection procedures, which shall be based on the procedures for [consensus committees](/usc/42/5402.md?p=15) 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](/usc/42/5402.md?p=15) of the following interest categories:
      - (i) **Producers—** Seven producers or [retailers](/usc/42/5402.md?p=2) of manufactured housing.
      - (ii) **Users—** Seven persons representing consumer interests, such as consumer organizations, recognized consumer leaders, and [owners](/usc/42/13641.md?p=4) who are residents of [manufactured homes](/usc/42/5402.md?p=6).
      - (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](/usc/42/5402.md?p=15), the [Secretary](/usc/42/5402.md?p=11), in appointing the members of the [consensus committee](/usc/42/5402.md?p=15)—
        - (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
        - (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)](#a-3-D-ii) shall have, and three of the individuals appointed under [subparagraph (D)(iii)](#a-3-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)](#a-3-F-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](/usc/42/5402.md?p=15).
    - (G) **Meetings—**
      - (i) **Notice; open to public—** The [consensus committee](/usc/42/5402.md?p=15) shall provide advance notice of each meeting of the [consensus committee](/usc/42/5402.md?p=15) to the [Secretary](/usc/42/5402.md?p=11) and cause to be published in the Federal Register advance notice of each such meeting. All meetings of the [consensus committee](/usc/42/5402.md?p=15) shall be open to the public.
      - (ii) **Reimbursement—** Members of the [consensus committee](/usc/42/5402.md?p=15) in attendance at meetings of the [consensus committee](/usc/42/5402.md?p=15) shall be reimbursed for their actual expenses as authorized by [section 5703 of title 5](/usc/5/5703.md) for persons employed intermittently in Government service.
    - (H) **Administration—** The [consensus committee](/usc/42/5402.md?p=15) and the [administering organization](/usc/42/5402.md?p=14) 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](/usc/42/5402.md?p=14) shall, upon the request of the [consensus committee](/usc/42/5402.md?p=15)—
      - (i) provide reasonable staff resources to the [consensus committee](/usc/42/5402.md?p=15); and
      - (ii) furnish technical support in a timely manner to any of the interest categories described in [subparagraph (D)](#a-3-D) represented on the [consensus committee](/usc/42/5402.md?p=15), if—
        - (I) the support is necessary to ensure the informed participation of the [consensus committee](/usc/42/5402.md?p=15) 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](/usc/42/5402.md?p=15) shall be completed not later than 90 days after the date on which a contractual agreement under [paragraph (2)(A)](#a-2-A) is entered into with the [administering organization](/usc/42/5402.md?p=14).
  - (4) **Revisions of standards—**
    - (A) **In general—** Beginning on the date on which all members of the [consensus committee](/usc/42/5402.md?p=15) are appointed under [paragraph (3)](#a-3), the [consensus committee](/usc/42/5402.md?p=15) shall, not less than once during each 2-year period—
      - (i) consider revisions to the [Federal manufactured home construction and safety standards](/usc/42/5402.md?p=7); and
      - (ii) submit proposed revised standards, if approved in a vote of the [consensus committee](/usc/42/5402.md?p=15) by two-thirds of the members, to the [Secretary](/usc/42/5402.md?p=11) 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](/usc/42/5402.md?p=15) shall provide a proposed revised standard under [subparagraph (A)(ii)](#a-4-A-ii) to the [Secretary](/usc/42/5402.md?p=11) 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](/usc/5/553.md). Unless [clause (ii)](#a-4-B-ii) applies, the [Secretary](/usc/42/5402.md?p=11) shall provide an opportunity for public comment on such proposed revised standard in accordance with such [section 553](/usc/5/553.md) and any such comments shall be submitted directly to the [consensus committee](/usc/42/5402.md?p=15), without delay.
      - (ii) **Publication of rejected proposed revised standards—** If the [Secretary](/usc/42/5402.md?p=11) rejects the proposed revised standard, the [Secretary](/usc/42/5402.md?p=11) 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)](#a-4-B) shall be presented by the [Secretary](/usc/42/5402.md?p=11) to the [consensus committee](/usc/42/5402.md?p=15) 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](/usc/42/5402.md?p=15) shall provide to the [Secretary](/usc/42/5402.md?p=11) any revision proposed by the [consensus committee](/usc/42/5402.md?p=15), which the [Secretary](/usc/42/5402.md?p=11) 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](/usc/42/5402.md?p=15) to the standards, a notice of the submission of the recommended revisions to the [Secretary](/usc/42/5402.md?p=11), 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](/usc/42/5402.md?p=11) rejects the proposed revised standard, the [Secretary](/usc/42/5402.md?p=11) 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](/usc/42/5402.md?p=11) shall either adopt, modify, or reject a standard, as submitted by the [consensus committee](/usc/42/5402.md?p=15) under [paragraph (4)(A)](#a-4-A).
    - (B) **Timing—** Not later than 12 months after the date on which a standard is submitted to the [Secretary](/usc/42/5402.md?p=11) by the [consensus committee](/usc/42/5402.md?p=15), the [Secretary](/usc/42/5402.md?p=11) shall take action regarding such standard under [subparagraph (C)](#a-5-C).
    - (C) **Procedures—** If the [Secretary](/usc/42/5402.md?p=11)—
      - (i) adopts a standard recommended by the [consensus committee](/usc/42/5402.md?p=15), the [Secretary](/usc/42/5402.md?p=11) 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](/usc/42/5402.md?p=11) 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](/usc/42/5402.md?p=15) should be modified, the [Secretary](/usc/42/5402.md?p=11) 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](/usc/42/5402.md?p=11); and
        - (II) provide an opportunity for public comment in accordance with [section 553 of title 5](/usc/5/553.md).
    - (D) **Final order—** Any final standard under this paragraph shall become effective pursuant to [subsection (c)](#c).
  - (6) **Failure to act—** If the [Secretary](/usc/42/5402.md?p=11) fails to take final action under [paragraph (5)](#a-5) and to cause notice of the action to be published in the Federal Register before the expiration of the 12-month period beginning on the date on which the proposed revised standard is submitted to the [Secretary](/usc/42/5402.md?p=11) under [paragraph (4)(A)](#a-4-A)—
    - (A) the [Secretary](/usc/42/5402.md?p=11) 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 12-month period, and shall [state](/usc/42/5402.md?p=12) before the committees the reasons for failing to take final action as required under [paragraph (5)](#a-5); and
    - (B) if the [Secretary](/usc/42/5402.md?p=11) does not appear in person as required under [subparagraph (A)](#a-6-A), the [Secretary](/usc/42/5402.md?p=11) shall thereafter, and until such time as the [Secretary](/usc/42/5402.md?p=11) does appear as required under [subparagraph (A)](#a-6-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.
  - (7) **Standards for manufactured homes built without a permanent chassis—**
    - (A) **In general—** The [Secretary](/usc/42/5402.md?p=11), in consultation with the [consensus committee](/usc/42/5402.md?p=15), shall issue revised standards for [manufactured homes](/usc/42/5402.md?p=6) built without a permanent chassis using the process described in [paragraph (4)](#a-4).
    - (B) **Creating final standards—** The [Secretary](/usc/42/5402.md?p=11) shall, after consulting and conferring with the [consensus committee](/usc/42/5402.md?p=15), establish standards to ensure that [manufactured homes](/usc/42/5402.md?p=6) without a permanent chassis have—
      - (i) a distinct label, with revenue generated to be deposited into the Manufactured Housing Fees Trust Fund established under [section 5419(e)(1) of this title](/usc/42/5419.md?p=e-1), to be issued by the [Secretary](/usc/42/5402.md?p=11) distinguishing [manufactured home](/usc/42/5402.md?p=6)[^1] built without a permanent chassis from [manufactured homes](/usc/42/5402.md?p=6) built on a permanent chassis;
      - (ii) a data plate, as described in section 3280.5 of title 24, Code of Federal Regulations (or any successor regulation), distinguishing [manufactured homes](/usc/42/5402.md?p=6) built without a permanent chassis from [manufactured homes](/usc/42/5402.md?p=6) built on a permanent chassis; and
      - (iii) a notation on any invoice produced by the [manufacturer](/usc/42/5402.md?p=5) of a [manufactured home](/usc/42/5402.md?p=6) that is distinguishable from the invoice for a [manufactured home](/usc/42/5402.md?p=6) constructed with a permanent chassis.
- (b) **Other orders—**
  - (1) **Regulations—** The [Secretary](/usc/42/5402.md?p=11) may issue procedural and enforcement regulations and revisions to existing regulations as necessary to implement the provisions of this chapter. The [consensus committee](/usc/42/5402.md?p=15) may submit to the [Secretary](/usc/42/5402.md?p=11) proposed procedural and enforcement regulations and recommendations for the revision of such regulations.
  - (2) **Interpretative bulletins—** The [Secretary](/usc/42/5402.md?p=11) may issue interpretative bulletins to clarify the meaning of any [Federal manufactured home construction and safety standard](/usc/42/5402.md?p=7) or procedural and enforcement regulation. The [consensus committee](/usc/42/5402.md?p=15) may submit to the [Secretary](/usc/42/5402.md?p=11) proposed interpretative bulletins to clarify the meaning of any [Federal manufactured home construction and safety standard](/usc/42/5402.md?p=7) or procedural and enforcement regulation.
  - (3) **Review by consensus committee—** Before issuing a procedural or enforcement regulation or an interpretative bulletin—
    - (A) the [Secretary](/usc/42/5402.md?p=11) shall—
      - (i) submit the proposed procedural or enforcement regulation or interpretative bulletin to the [consensus committee](/usc/42/5402.md?p=15); and
      - (ii) provide the [consensus committee](/usc/42/5402.md?p=15) with a period of 120 days to submit written comments to the [Secretary](/usc/42/5402.md?p=11) on the proposed procedural or enforcement regulation or the interpretative bulletin; and
    - (B) if the [Secretary](/usc/42/5402.md?p=11) rejects any significant comment provided by the [consensus committee](/usc/42/5402.md?p=15) under [subparagraph (A)](#b-3-A), the [Secretary](/usc/42/5402.md?p=11) shall provide a written explanation of the reasons for the rejection to the [consensus committee](/usc/42/5402.md?p=15); and
    - (C) following compliance with subparagraphs [(A)](#b-3-A) and [(B)](#b-3-B), the [Secretary](/usc/42/5402.md?p=11) shall—
      - (i) cause the proposed regulation or interpretative bulletin and the [consensus committee](/usc/42/5402.md?p=15)’s written comments, along with the [Secretary](/usc/42/5402.md?p=11)’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](/usc/5/553.md).
  - (4) **Required action—** Not later than 120 days after the date on which the [Secretary](/usc/42/5402.md?p=11) receives a proposed regulation or interpretative bulletin submitted by the [consensus committee](/usc/42/5402.md?p=15), the [Secretary](/usc/42/5402.md?p=11) 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](/usc/5/553.md); or
    - (B) reject the proposed regulation or interpretative bulletin and—
      - (i) provide to the [consensus committee](/usc/42/5402.md?p=15) 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](/usc/42/5402.md?p=11) determines, in writing, that such action is necessary to address an issue on which the [Secretary](/usc/42/5402.md?p=11) determines that the [consensus committee](/usc/42/5402.md?p=15) has not made a timely recommendation following a request by the [Secretary](/usc/42/5402.md?p=11), or in order to respond to an emergency that jeopardizes the public health or safety, the [Secretary](/usc/42/5402.md?p=11) may issue an order that is not developed under the procedures set forth in [subsection (a)](#a) or in this subsection, if the [Secretary](/usc/42/5402.md?p=11)—
    - (A) provides to the [consensus committee](/usc/42/5402.md?p=15) 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](/usc/5/553.md), and causes the order to be published in the Federal Register.
  - (6) **Changes—** Any statement of policies, [practices](/usc/42/17061.md?p=19), or procedures relating to [construction](/usc/42/300s–3.md?p=7) and safety standards, regulations, inspections, [monitoring](/usc/42/5402.md?p=20), or other enforcement activities that constitutes a statement of general or particular applicability to implement, interpret, or prescribe law or policy by the [Secretary](/usc/42/5402.md?p=11) is subject to [subsection (a)](#a) or this subsection. Any change adopted in [violation](/usc/42/2000e–16a.md?p=c) of [subsection (a)](#a) or this subsection is void.
  - (7) **Transition—** Until the date on which the [consensus committee](/usc/42/5402.md?p=15) is appointed pursuant to [subsection (a)(3)](#a-3), the [Secretary](/usc/42/5402.md?p=11) may issue proposed orders, pursuant to notice and comment in accordance with [section 553 of title 5](/usc/5/553.md) that are not developed under the procedures set forth in this section for new and revised standards.
- (c) **Effective date of orders establishing standards—** Each order establishing a [Federal manufactured home construction and safety standard](/usc/42/5402.md?p=7) 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](/usc/42/5402.md?p=11) 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](/usc/42/5402.md?p=7) established under this chapter is in effect, no [State](/usc/42/5402.md?p=12) or political subdivision of a [State](/usc/42/5402.md?p=12) shall have any authority either to establish, or to continue in effect, with respect to any [manufactured home](/usc/42/5402.md?p=6) covered, any standard regarding the [construction](/usc/42/300s–3.md?p=7) or safety applicable to the same aspect of performance of such [manufactured home](/usc/42/5402.md?p=6) which is not identical to the [Federal manufactured home construction and safety standard](/usc/42/5402.md?p=7). Federal preemption under this subsection shall be broadly and liberally construed to ensure that disparate [State](/usc/42/5402.md?p=12) 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](/usc/42/5404.md), there is reserved to each [State](/usc/42/5402.md?p=12) the right to establish standards for the stabilizing and support systems of [manufactured homes](/usc/42/5402.md?p=6) sited within that [State](/usc/42/5402.md?p=12), and for the foundations on which [manufactured homes](/usc/42/5402.md?p=6) sited within that [State](/usc/42/5402.md?p=12) 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](/usc/42/5402.md?p=5).
- (e) **Considerations in establishing and interpreting standards and regulations—** The [consensus committee](/usc/42/5402.md?p=15), in recommending standards, regulations, and interpretations, and the [Secretary](/usc/42/5402.md?p=11), in establishing standards or regulations or issuing interpretations under this section, shall—
  - (1) consider relevant available [manufactured home construction](/usc/42/5402.md?p=1) 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](/usc/42/8262.md?p=1) to determine how to best protect the public;
  - (2) consult with such [State](/usc/42/5402.md?p=12) 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](/usc/42/5402.md?p=6) 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](/usc/42/5402.md?p=6) to the public; and
  - (5) consider the extent to which any such standard will contribute to carrying out the purposes of this chapter.
- (f) **Coverage; exclusion—** The [Secretary](/usc/42/5402.md?p=11) shall exclude from the coverage of this chapter any structure which the [manufacturer](/usc/42/5402.md?p=5) certifies, in a form prescribed by the [Secretary](/usc/42/5402.md?p=11), 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](/usc/42/5402.md?p=12) 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](/usc/42/5402.md?p=11) pursuant to title II of the National Housing Act [[12 U.S.C. 1707](/usc/12/1707.md) et seq.]; and
  - (4) to the [manufacturer](/usc/42/5402.md?p=5)’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](/usc/42/5402.md?p=7) established by the [Secretary](/usc/42/5402.md?p=11) 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](/usc/42/300s–3.md?p=7) and operating costs.
  - (3) The energy conservation standards established under this subsection shall take into consideration the design and factory [construction](/usc/42/300s–3.md?p=7) techniques of [manufactured homes](/usc/42/5402.md?p=6) and shall provide for alternative [practices](/usc/42/17061.md?p=19) that result in net estimated energy consumption equal to or less than the specified standards.
- (h) **New performance standards for hardboard siding—** The [Secretary](/usc/42/5402.md?p=11) 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)](#e). The [Secretary](/usc/42/5402.md?p=11) shall consult with the National [Manufactured Home](/usc/42/5402.md?p=6) 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](/usc/42/5402.md?p=11) shall update the standards for hardboard siding.
- (i) **Manufactured home certifications—**
  - (1) **In general—**
    - (A) **Initial certification—** Subject to [subparagraph (B)](#i-1-B), not later than 1 year after July 11, 2026, a [State](/usc/42/5402.md?p=12) shall submit to the [Secretary](/usc/42/5402.md?p=11) an initial certification that the laws and regulations of the [State](/usc/42/5402.md?p=12)—
      - (i) treat any [manufactured home](/usc/42/5402.md?p=6) in parity with a [manufactured home](/usc/42/5402.md?p=6) (as defined and regulated by the [State](/usc/42/5402.md?p=12)); and
      - (ii) subject a [manufactured home](/usc/42/5402.md?p=6) without a permanent chassis to the same laws and regulations of the [State](/usc/42/5402.md?p=12) as a [manufactured home](/usc/42/5402.md?p=6) built on a permanent chassis, including with respect to financing, title, insurance, manufacture, sale, taxes, transportation, installation, and other areas as the [Secretary](/usc/42/5402.md?p=11) determines, after consultation with and approval by the [consensus committee](/usc/42/5402.md?p=15), are necessary to give effect to the purpose of this section.
    - (B) **State plan submission—** Any [State](/usc/42/5402.md?p=12) plan submitted under [section 5422(b) of this title](/usc/42/5422.md?p=b) shall contain the required [State](/usc/42/5402.md?p=12) certification under [subparagraph (A)](#i-1-A) and, if contained therein, no additional or [State](/usc/42/5402.md?p=12) certification under [subparagraph (A)](#i-1-A) or [paragraph (3)](#i-3).
    - (C) **Extended deadline—** With respect to a [State](/usc/42/5402.md?p=12) with a legislature that meets biennially, the deadline for the submission of the initial certification required under [subparagraph (A)](#i-1-A) shall be 2 years after July 11, 2026.
    - (D) **Late certification—**
      - (i) **No waiver—** The [Secretary](/usc/42/5402.md?p=11) may not waive the prohibition described in [paragraph (5)(B)](#i-5-B) with respect to a certification submitted after the deadline under [subparagraph (A)](#i-1-A) or [paragraph (3)](#i-3) unless the [Secretary](/usc/42/5402.md?p=11) approves the late certification.
      - (ii) **Rule of construction—** Nothing in this subsection shall be construed to prevent a [State](/usc/42/5402.md?p=12) from submitting the initial certification required under [subparagraph (A)](#i-1-A) after the required deadline under that subparagraph.
  - (2) **Form of State certification not presented in a State plan—** The initial certification required under [paragraph (1)(A)](#i-1-A), if not submitted with a [State](/usc/42/5402.md?p=12) plan under [paragraph (1)(B)](#i-1-B), shall contain, in a form prescribed by the [Secretary](/usc/42/5402.md?p=11), an attestation by an official that the [State](/usc/42/5402.md?p=12) has taken the steps necessary to ensure the veracity of the certification required under [paragraph (1)(A)](#i-1-A), including, as necessary, by—
    - (A) amending the definition of “[manufactured home](/usc/42/5402.md?p=6)” in the laws and regulations of the [State](/usc/42/5402.md?p=12); and
    - (B) directing [State agencies](/usc/42/300s–3.md?p=12) to amend the definition of “[manufactured home](/usc/42/5402.md?p=6)” in regulations.
  - (3) **Annual recertification—** Not later than a date to be determined by the [Secretary](/usc/42/5402.md?p=11) each year, a [State](/usc/42/5402.md?p=12) shall submit to the [Secretary](/usc/42/5402.md?p=11) an additional certification that—
    - (A) confirms the accuracy of the initial certification submitted under subparagraph [(A)](#i-1-A) or [(B)](#i-1-B) of paragraph (1); and
    - (B) certifies that any new laws or regulations enacted or adopted by the [State](/usc/42/5402.md?p=12) since the date of the previous certification do not change the veracity of the initial certification submitted under [paragraph (1)(A)](#i-1-A).
  - (4) **List—** The [Secretary](/usc/42/5402.md?p=11) shall publish and maintain in the Federal Register and on the website of the Department of Housing and Urban Development a list of [States](/usc/42/5402.md?p=12) that are up to date with the submission of initial and subsequent certifications required under this subsection.
  - (5) **Prohibition—**
    - (A) **Definition—** In this paragraph, the term “covered [manufactured home](/usc/42/5402.md?p=6)” means a home that is—
      - (i) not considered a [manufactured home](/usc/42/5402.md?p=6) under the laws and regulations of a [State](/usc/42/5402.md?p=12) because the home is constructed without a permanent chassis;
      - (ii) considered a [manufactured home](/usc/42/5402.md?p=6) under the definition of the term in [section 5402 of this title](/usc/42/5402.md); and
      - (iii) constructed after July 11, 2026.
    - (B) **Building, installation, and sale—** If a [State](/usc/42/5402.md?p=12) does not submit a certification under paragraph [(1)(A)](#i-1-A) or [(3)](#i-3) by the date on which those certifications are required to be submitted—
      - (i) with respect to a [State](/usc/42/5402.md?p=12) in which the [State](/usc/42/5402.md?p=12) administers the installation of [manufactured homes](/usc/42/5402.md?p=6), the [State](/usc/42/5402.md?p=12) shall prohibit the manufacture, installation, or sale of a covered [manufactured home](/usc/42/5402.md?p=6) within the [State](/usc/42/5402.md?p=12); and
      - (ii) with respect to a [State](/usc/42/5402.md?p=12) in which the [Secretary](/usc/42/5402.md?p=11) administers the installation of [manufactured homes](/usc/42/5402.md?p=6), the [State](/usc/42/5402.md?p=12) and the [Secretary](/usc/42/5402.md?p=11) shall prohibit the manufacture, installation, or sale of a covered [manufactured home](/usc/42/5402.md?p=6) within the [State](/usc/42/5402.md?p=12).

## Footnotes

[^1]: So in original. Probably should be “homes”.

## Source credit

(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; Pub. L. 119–101, title III, § 301(b), (c), July 11, 2026, 140 Stat. 888.)

## Notes

### Editorial Notes

### References in Text

The National Housing Act, referred to in subsec. (f)(3), is act June 27, 1934, ch. 847, 48 Stat. 1246. 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

2026—Subsec. (a)(7). Pub. L. 119–101, § 301(b), added par. (7).

Subsec. (i). Pub. L. 119–101, § 301(c), added subsec. (i).

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)” for “subsection (f)” and redesignated subsec. (j) as (h).

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).

### Statutory Notes and Related Subsidiaries

### 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

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.

### Rule of Construction Regarding Preemption

Pub. L. 119–101, title III, § 301(f), July 11, 2026, 140 Stat. 891, provided that: “Nothing in this section [amending this section and sections 5402 and 5408 of this title and enacting provisions set out as a note under this section] or the amendments made by this section may be construed as limiting the scope of Federal preemption under section 604(d) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403(d)).”

### Other Federal Laws Regulating Manufactured Homes

Pub. L. 119–101, title III, § 301(d), July 11, 2026, 140 Stat. 890, provided that: In general.—The Secretary of Housing and Urban Development may coordinate with the heads of other Federal agencies to ensure that Federal agencies treat a manufactured home (as defined in Federal laws and regulations other than section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402)) in the same manner as a manufactured home (as defined in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402), as amended by this Act).Energy efficiency standards.— Manufactured home defined.—In this paragraph, the term ‘manufactured home’ has the meaning given the term in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402), as amended by this Act. Process.—No energy efficiency standards for manufactured homes developed by any Federal agency shall have legal effect unless and until adopted by the Department of Housing and Urban Development pursuant to the consensus standards and regulatory development process described in section 604(a)(2) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403(a)(2)). Minimum standards.—The Secretary of Housing and Urban Development shall— not later than 1 year after the date of enactment of this Act [July 11, 2026], adopt minimum energy efficiency standards for manufactured homes; and not less frequently than once every 3 years after adopting the standards under clause (i), update those standards.”

### 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.”