§5403. Construction and safety standards — Inbound Citations
42 U.S.C. § 5403
Cited by 18 provisions in release 119-102.
Citations to 42 U.S.C. § 5403 as a whole
-
(a) Authority to insure financial institutions
-
(1) In a case of actual controversy as to the validity of any order under section 5403 of this title, any person who may be adversely affected by such order when it is effective may at any time prior to the sixtieth day after such order is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for judicial review of such order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based his order, as provided in section 2112 of title 28.
-
(a) Whenever any manufacturer is opposed to any action of the Secretary under section 5403 of this title or under any other provision of this chapter on the grounds of increased cost or for other reasons, the manufacturer shall submit to the Secretary such cost and other information (in such detail as the Secretary may by rule or order prescribe) as may be necessary in order to properly evaluate the manufacturer’s statement. The Secretary shall submit such cost and other information to the consensus committee for evaluation.
-
(6) issue a certification pursuant to subsection (h) of section 5403 of this title, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect; or
-
(1) does not comply with an applicable Federal manufactured home construction and safety standard prescribed pursuant to section 5403 of this title; or
-
(a) In carrying out inspections under this chapter, in developing standards and regulations pursuant to section 5403 of this title, and in facilitating the acceptance of the affordability and availability of manufactured housing within the Department, the Secretary may—(1) establish and collect from manufactured home manufacturers a reasonable fee, as may be necessary to offset the expenses incurred by the Secretary in connection with carrying out the responsibilities of the Secretary under this chapter, including—(A) conducting inspections and monitoring;(B) providing funding to States for the administration and implementation of approved State plans under section 5422 of this title, including reasonable funding for cooperative educational and training programs designed to facilitate uniform enforcement under this chapter, which funds may be paid directly to the States or may be paid or provided to any person or entity designated to receive and disburse such funds by cooperative agreements among participating States, provided that such person or entity is not otherwise an agent of the Secretary under this chapter;(C) providing the funding for a noncareer administrator within the Department to administer the manufactured housing program;(D) providing the funding for salaries and expenses of employees of the Department to carry out the manufactured housing program;(E) administering the consensus committee as set forth in section 5403 of this title;(F) facilitating the acceptance of the quality, durability, safety, and affordability of manufactured housing within the Department; and(G) the administration and enforcement of the installation standards authorized by section 5404 of this title in States in which the Secretary is required to implement an installation program after the expiration of the 5-year period set forth in section 5404(c)(2)(B) of this title, and the administration and enforcement of a dispute resolution program described in section 5422(c)(12) of this title in States in which the Secretary is required to implement such a program after the expiration of the 5-year period set forth in section 5422(g)(2) of this title; and(2) subject to subsection (e), use amounts from any fee collected under paragraph (1) of this subsection to pay expenses referred to in that paragraph, which shall be exempt and separate from any limitations on the Department regarding full-time equivalent positions and travel.
-
(E) administering the consensus committee as set forth in section 5403 of this title;
-
Any person, other than an officer or employee of the United States, or a person exercising inspection functions under a State plan pursuant to section 5422 of this title, who knowingly and willfully fails to report a violation of any construction or safety standard established under section 5403 of this title may be fined up to $1,000 or imprisoned for up to one year, or both.
-
(a) Nothing in this chapter shall prevent any State agency or court from asserting jurisdiction under State law over any manufactured home construction or safety issue with respect to which no Federal manufactured home construction and safety standard has been established pursuant to the provisions of section 5403 of this title.
-
(b) Any State which, at any time, desires to assume responsibility for enforcement of manufactured home safety and construction standards relating to any issue with respect to which a Federal standard has been established under section 5403 of this title, shall submit to the Secretary a State plan for enforcement of such standards.
-
(2) provides for the enforcement of manufactured home safety and construction standards promulgated under section 5403 of this title;
Citations to §5403(a)(3)
-
(15) “consensus committee” means the committee established under section 5403(a)(3) of this title;
Citations to §5403(b)
-
(20) “monitoring” means the process of periodic review of the primary inspection agencies, by the Secretary or by a State agency under an approved State plan pursuant to section 5422 of this title, in accordance with regulations promulgated under this chapter, giving due consideration to the recommendations of the consensus committee under section 5403(b) of this title, which process shall be for the purpose of ensuring that the primary inspection agencies are discharging their duties under this chapter; and
Citations to §5403(e)
-
(1) 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).
-
(2) Not 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).
-
(A) 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) In developing and establishing the model standards under paragraph (2), the Secretary shall consider the factors described in section 5403(e) of this title.
Citations to §5403(i)
-
(3) model guidance to support the submission of the certification required under section 5403(i) of this title.