cfr_sections
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108 rows where part_number = 3282 and title_number = 24 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 24:24:5.1.2.1.3.1.1.1 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | A | Subpart A—General | § 3282.1 Scope and purpose. | HUD | [41 FR 19852, May 13, 1976, as amended at 61 FR 10442, Mar. 13, 1996] | (a) The National Manufactured Housing Construction and Safety Standards Act of 1974 (title VI of Pub. L. 93-383, 88 Stat. 700, 42 U.S.C. 5401, et seq. ) (hereinafter referred to as the Act), requires the Secretary of the Department of Housing and Urban Development to establish Federal manufactured home construction and safety standards and to issue regulations to carry out the purpose of the Act. The standards promulgated pursuant to the Act appear at part 3280 of chapter XX of this title, and apply to all manufactured homes manufactured for sale to purchasers in the United States on or after the effective date of the standards (June 15, 1976). A manufactured home is manufactured on or after June 15, 1976, if it enters the first stage of production on or after that date. (b) The Secretary is also authorized by the Act to conduct inspections and investigations necessary to enforce the standards, to determine that a manufactured home fails to comply with an applicable standard or contains a defect or an imminent safety hazard, and to direct the manufacturer to furnish notification thereof, and in some cases, to remedy the defect or imminent safety hazard. The purpose of this part is to prescribe procedures for the implementation of these responsibilities of the Secretary under the Act through the use of private and State inspection organizations and cooperation with State manufactured home agencies. It is the policy of the Department to involve State agencies in the enforcement of the Federal manufactured home standards to the maximum extent possible consistent with the capabilities of such agencies and the public interest. The procedures for investigations and investigational proceedings are set forth in 24 CFR part 3800. | ||||
| 24:24:5.1.2.1.3.1.1.10 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | A | Subpart A—General | § 3282.14 Alternative construction of manufactured homes. | HUD | [49 FR 1967, Jan. 16, 1984, as amended at 86 FR 2526, Jan. 12, 2021] | (a) Policy. In order to promote the purposes of the Act, the Department will permit the sale or lease of one or more manufactured homes not in compliance with the standards under circumstances wherein no affirmative action is needed to protect the public interest. An add-on, including an attached accessory building or structure which does not affect the performance and ability of the manufactured home to comply with the standards in accordance with § 3282.8(j), is not governed by this section. The Department encourages innovation and the use of new technology in manufactured homes. Accordingly, HUD will permit manufacturers to utilize new designs or techniques not in compliance with the standards in cases: (1) Where a manufacturer proposes to utilize construction that would be prohibited by the Standards; (2) Where such construction would provide performance that is equivalent to or superior to that required by the Standards; and (3) Where (i) compliance with the Standards would be unreasonable because of the circumstances of the particular case, or (ii) the alternative construction would be for purposes of research, testing or development of new techniques or designs. If a request for alternative construction is submitted and the facts are consistent with these principles, the Secretary may issue a letter under paragraph (c) of this section stating that no action will be taken under the Act based upon specific failures to conform to the Standards or these regulations, provided that certain conditions are met. The issuance of a letter under paragraph (c) of this section will not affect any right that any purchaser may have under the Act or other applicable law and will not preclude any further agency action that may become necessary. (b) Request for alternative construction. A manufacturer may submit a request for alternative construction of a manufactured home. The request should be sent to the U.S. Department of Housing and Urban Development, Manufactured Housing Standards Division, 451 Seventh Street, … | ||||
| 24:24:5.1.2.1.3.1.1.11 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | A | Subpart A—General | § 3282.15 Exemption for recreational vehicles. | HUD | [83 FR 57688, Nov. 16, 2018] | (a) Exemption. A recreational vehicle that meets the requirements of this section is exempt from 24 CFR parts 3280 and 3282. (b) Definition. A recreational vehicle is: (1) A vehicle or vehicular structure not certified as a manufactured home; (2) Designed only for recreational use and not as a primary residence or for permanent occupancy; and is either: (i) Built and certified in accordance with either NFPA 1192 (incorporated by reference, see § 3282.16) or ANSI A119.5 (incorporated by reference, see § 3282.16) as provided by paragraph (c) of this section; or (ii) Any vehicle which is self-propelled. (c) Notice and certification requirements. In order for the exemption to apply to an ANSI A119.5-15 certified recreational vehicle, a Manufacturer's Notice must be delivered to the consumer prior to the completion of the sales transaction. The Manufacturer's Notice must also be prominently displayed in a temporary manner in the kitchen ( i.e., countertop or exposed cabinet face). The Manufacturer's Notice must meet the following requirements: (1) Title of Manufacturer's Notice. The title of the Manufacturer's Notice shall be “*****MANUFACTURER'S NOTICE*****” which shall be legible and typed using bold letters at least 1 inch in size. (2) Content of Notice. The content of the Manufacturer's Notice text shall be as follows: The Manufacturer of this unit certifies that it is a Park Model Recreational Vehicle designed only for recreational use, and not for use as a primary residence or for permanent occupancy. The manufacturer of this unit further certifies that this unit has been built in accordance with the ANSI A119.5-15 consensus standard for Park Model Recreational Vehicles. (3) Text of Notice. The text of the Manufacturer's Notice, aside from the Manufacturer's Notice's title shall be legible and typed using letters at least 1/2 inch in size. (4) Removal of Manufacturer's Notice. The Manufacturer's Notice shall not be removed by any party until the entire sales transaction has been comp… | ||||
| 24:24:5.1.2.1.3.1.1.12 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | A | Subpart A—General | § 3282.16 Incorporation by reference. | HUD | [83 FR 57688, Nov. 16, 2018] | (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Department must publish a document in the Federal Register and the material must be available to the public. All approved material is available for inspection at the Office of Manufactured Housing Programs, Manufactured Housing and Construction Standards Division, U.S. Department of Housing and Urban Development, 451 7th Street SW, Room B-133, Washington, DC 20410, 202-402-5216, and is available from the sources listed below. Copies of incorporated standards that are not available from their producer organizations may be obtained from the Office of Manufactured Housing Programs. These standards are also available for inspection at the National Archives and Records Administration (NARA). For more information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html. (b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, telephone number 800-344-3555, website http://www.nfpa.org. (1) NFPA 1192, Standard on Recreational Vehicles, 2015 Edition, issued August 14, 2014, IBR approved for § 3282.15(b). (2) [Reserved] (c) Recreational Vehicle Industry Association (RVIA), 1896 Preston White Drive, Reston, VA 20191, telephone number 703-620-6003, website http://www.rvia.org. (1) ANSI A119.5: Park Model Recreational Vehicle Standard, 2015 Edition, ANSI-approved April 7, 2015, IBR approved for § 3282.15(b). (2) [Reserved] | ||||
| 24:24:5.1.2.1.3.1.1.2 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | A | Subpart A—General | § 3282.6 Separability of provisions. | HUD | If any clause, sentence, paragraph, section or other portion of part 3282 shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined by its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. | |||||
| 24:24:5.1.2.1.3.1.1.3 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | A | Subpart A—General | § 3282.7 Definitions. | HUD | [41 FR 19852, May 13, 1976, as amended at 41 FR 24971, June 21, 1976; 47 FR 28093, June 29, 1982; 61 FR 5216, Feb. 9, 1996; 61 FR 10859, Mar. 15, 1996; 78 FR 60199, Oct. 1, 2013; 80 FR 53727, Sept. 8, 2015; 85 FR 5566, Jan. 31, 2020; 86 FR 2525, Jan. 12, 2021; 89 FR 75758, Sept. 16, 2024] | The terms Department, HUD, and Secretary are defined in 24 CFR part 5. (a) Act means the National Manufactured Housing Construction and Safety Standards Act of 1974, title VI of the Housing and Community Development Act of 1974 (42 U.S.C. 5401 et seq. ) (b) Add-on means any structure (except a structure designed or produced as an integral part of a manufactured home) which, when attached to the basic manufactured home unit, increases the area, either living or storage, of the manufactured home. (c) Alteration means the replacement, addition, and modification, or removal of any equipment or installation after sale by a manufacturer to a retailer or distributor but prior to sale by a retailer to a purchaser which may affect the construction, fire safety, occupancy, plumbing, heat-producing or electrical system. It includes any modification made in the manufactured home that may affect the compliance of the home with the standards, but it does not include the repair or replacement of a component or appliance requiring plug-in to an electrical receptacle where the replaced item is of the same configuration and rating as the one being replaced. It also does not include the addition of an appliance requiring plug-in to an electrical receptacle, which appliance was not provided with the manufactured home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which it is connected. (d) Attached accessory building or structure means any awning, cabana, deck, ramada, storage cabinet, carport, windbreak, garage, or porch for which the attachment of such is designed by the home manufacturer to be structurally supported by the manufactured home. (e) Certification label see label. (f) Certification report means the report prepared by an IPIA (see definition z) for each manufactured home manufacturing plant under § 3282.203 in which the IPIA provides a complete description of the initial comprehensive inspection of the plant, an evaluation of the quality ass… | ||||
| 24:24:5.1.2.1.3.1.1.4 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | A | Subpart A—General | § 3282.8 Applicability. | HUD | [41 FR 19852, May 13, 1976, as amended at 41 FR 24970, June 21, 1976; 42 FR 35013, July 7, 1977; 44 FR 68733, Nov. 29, 1979; 47 FR 28093, June 29, 1982; 80 FR 53727, Sept. 8, 2015; 83 FR 57688, Nov. 16, 2018; 86 FR 2526, Jan. 12, 2021; 89 FR 75758, Sept. 16, 2024] | (a) Manufactured homes. This part applies to all manufactured homes that enter the first stage of production on or after June 15, 1976, and to all manufactured homes that enter the first stage of production before June 15, 1976, to which labels are applied under § 3282.205(d). (b) States. This part applies to States that desire to assume responsibility under the Federal manufactured home construction and safety standards enforcement program. It includes requirements which must be met in order for State agencies to be approved by the Secretary under section 623(c) of the Act, 42 U.S.C. 5422(c). It also includes requirements for States wishing to act as primary inspection agencies, as defined in § 3282.7, or to participate in monitoring activities under § 3282.308. (c) Primary inspection and engineering organizations. This part applies to each private inspection and engineering organization that wishes to qualify as a primary inspection agency under subpart H. (d) Manufactured home manufacturers. This part applies to all manufacturers producing manufactured homes for sale in the United States. It includes: (1) Inspection procedures to be carried out in the manufacturing plants. (2) Procedures by which a manufacturer obtains approval of manufactured home designs. (3) Procedures by which a manufacturer obtains approval of manufacturing quality control and assurance programs. (4) Procedures by which a manufacturer may obtain production inspections and certification labels for its manufactured homes. (e) Manufactured home retailers and distributors. This part applies to any person selling, leasing, or distributing new manufactured homes for use in the United States. It includes prohibitions of the sale of new manufactured homes to which labels have not been affixed pursuant to subpart H of these regulations or that have been altered, damaged, or otherwise caused not to be in compliance with the Federal standards. (f) Purchasers, owners and consumers. This part applies to purchasers, owners and cons… | ||||
| 24:24:5.1.2.1.3.1.1.5 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | A | Subpart A—General | § 3282.9 Computation of time. | HUD | [42 FR 2580, Jan. 12, 1977, as amended at 61 FR 10859, Mar. 15, 1996] | (a) In computing any period of time prescribed by the regulations in this part, refer to § 26.16(a) of this title. (b) Extensions of any of the time periods set out in these regulations may be granted by the Secretary or, as appropriate, by a State Administrative Agency, upon a showing of good cause by the party governed by the time period. | ||||
| 24:24:5.1.2.1.3.1.1.6 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | A | Subpart A—General | § 3282.10 Civil and criminal penalties. | HUD | [90 FR 24748, June 12, 2025] | Failure to comply with these regulations may subject the party in question to the civil and criminal penalties provided for in section 611 of the Act, 42 U.S.C. 5410. The maximum penalty imposed under section 611 of the Act shall be $3,650 for each violation, up to a maximum of $4,562,282 for any related series of violations occurring within one year from the date of the first violation. | ||||
| 24:24:5.1.2.1.3.1.1.7 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | A | Subpart A—General | § 3282.11 Preemption and reciprocity. | HUD | [42 FR 2580, Jan. 12, 1977, as amended at 56 FR 65186, Dec. 16, 1991; 61 FR 10859, Mar. 15, 1996] | (a) No State manufactured home standard regarding manufactured home construction and safety which covers aspects of the manufactured home governed by the Federal standards shall be established or continue in effect with respect to manufactured homes subject to the Federal standards and these regulations unless it is identical to the Federal standards. (b) No State may require, as a condition of entry into or sale in the State, a manufactured home certified (by the application of the label required by § 3282.362(c)(2)(i)) as in conformance with the Federal standards to be subject to State inspection to determine compliance with any standard covering any aspect of the manufactured home covered by the Federal standards. Nor may any State require that a State label be placed on the manufactured home certifying conformance to the Federal standard or an identical standard. Certain actions that States are permitted to take are set out in § 3282.303. (c) States may participate in the enforcement of the Federal standards enforcement program under these regulations either as SAAs or PIAs or both. These regulations establish the exclusive system for enforcement of the Federal standards. No State may establish or keep in effect through a building code enforcement system or otherwise, procedures or requirements which constitute systems for enforcement of the Federal standards or of identical State standards which are outside the system established in these regulations or which go beyond this system to require remedial actions which are not required by the Act and these regulations. A State may establish or continue in force consumer protections, such as warranty or warranty performance requirements, which respond to individual consumer complaints and so do not constitute systems of enforcement of the Federal standards, regardless of whether the State qualifies as an SAA or PIA. (d) No State or locality may establish or enforce any rule or regulation or take any action that stands as an obstacle to the accomplishment and ex… | ||||
| 24:24:5.1.2.1.3.1.1.8 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | A | Subpart A—General | § 3282.12 Excluded structures—modular homes. | HUD | [44 FR 68733, Nov. 29, 1979, as amended at 49 FR 10666, Mar. 22, 1984] | (a) The purpose of this section is to provide the certification procedure authorized by section 604(h) of the National Manufactured Housing Construction and Safety Standards Act under which modular homes may be excluded from coverage of the Act if the manufacturer of the structure elects to have them excluded. If a manufacturer wishes to construct a structure that is both a manufactured home and a modular home, the manufacturer need not make the certification provided for by this section and may meet both the Federal manufactured home requirements and any modular housing requirements. When the certification is not made, all provisions of the Federal requirements shall be met. (b) Any structure that meets the definition of manufactured home at 24 CFR 3282.7(u) is excluded from the coverage of the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401 et seq., if the manufacturer certifies as prescribed in paragraph (c) of this section that: (1) The structure is designed only for erection or installation on a site-built permanent foundation; (i) A structure meets this criterion if all written materials and communications relating to installation of the structure, including but not limited to designs, drawings, and installation or erection instructions, indicate that the structure is to be installed on a permanent foundation. (ii) A site-built permanent foundation is a system of supports, including piers, either partially or entirely below grade which is: (A) Capable of transferring all design loads imposed by or upon the structure into soil or bedrock without failure, (B) Placed at an adequate depth below grade to prevent frost damage, and (C) Constructed of concrete, metal, treated lumber or wood, or grouted masonry; and (2) The structure is not designed to be moved once erected or installed on a site-built permanent foundation; (i) A structure meets this criterion if all written materials and communications relating to erection or installation of the structure, including … | ||||
| 24:24:5.1.2.1.3.1.1.9 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | A | Subpart A—General | § 3282.13 Voluntary certification. | HUD | [47 FR 28093, June 29, 1982] | (a) The purpose of this section is to provide a procedure for voluntary certification of non-conforming manufactured homes as required by 42 U.S.C. 5402(6) as amended by section 308(d)(B) of the Housing and Community Development Act of 1980. (b) Structures which meet all of the requirements of a manufactured home as set out in § 3282.7(u), except the size requirements, shall be manufactured homes if the manufacturer files with the Secretary a certification in the following form: [Name of manufacturer and address where structures are to be manufactured] certifies that it intends to manufacture structures that meet all of the requirements of manufactured homes set forth at 42 U.S.C. 5402(6) except the size requirements. Such structures are to be treated as manufactured homes for the purposes of the National Manufactured Housing Construction and Safety Standards Act of 1974 and the regulations promulgated pursuant thereto. Such structures will be built in conformance with the Standards. [Name of manufacturer] further certifies that if, at any time it manufactures structures which are not manufactured homes, it will identify each such structure by a permanent serial number placed on the structure during the first stage of production and that the series of serial numbers for such structures shall be distinguishable on the structures and in its records from the series of serial numbers used for manufactured homes. [Name of manufacturer and address where structures are to be manufactured] certifies that it intends to manufacture structures that meet all of the requirements of manufactured homes set forth at 42 U.S.C. 5402(6) except the size requirements. Such structures are to be treated as manufactured homes for the purposes of the National Manufactured Housing Construction and Safety Standards Act of 1974 and the regulations promulgated pursuant thereto. Such structures will be built in conformance with the Standards. [Name of manufacturer] further certifies that if, at any time it manufactures structures which… | ||||
| 24:24:5.1.2.1.3.10.1.1 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | J | Subpart J—Monitoring of Primary Inspection Agencies | § 3282.451 General. | HUD | The actions of all primary inspection agencies accepted under subpart H shall be monitored by the Secretary or the Secretary's agent to determine whether the PIAs are fulfilling their responsibilities under these regulations. This monitoring shall be carried out primarily through joint monitoring teams made up of personnel supplied by SAAs and by the Secretary or the Secretary's agent. Monitoring parties shall make recommendations to the Secretary with respect to final acceptance of PIAs under §§ 3282.361(e) and 3282.362(e), continued acceptance, and disqualification or requalification under § 3282.356, and with respect to any changes which PIAs should make in their operations in order to continue to be approved. Based on this monitoring, the Secretary shall determine whether PIAs should continue to be approved under these regulations. | |||||
| 24:24:5.1.2.1.3.10.1.2 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | J | Subpart J—Monitoring of Primary Inspection Agencies | § 3282.452 Participation in monitoring. | HUD | (a) Joint monitoring teams. (1) The Secretary or the Secretary's agent shall develop and coordinate joint monitoring teams which shall be made up of qualified personnel provided by SAAs and by the Secretary or the Secretary's agent. The Secretary or the Secretary's agent shall determine whether personnel are qualified based on education or experience. (2) The joint monitoring teams will operate generally on a regional basis. To the extent possible, the teams shall be so scheduled that personnel provided by an SAA will be monitoring operations in manufactured home plants from which manufactured homes are shipped into their State. (3) Personnel from an SAA shall not participate on joint monitoring teams operating within their State. (4) States are encouraged but not required to participate on joint monitoring teams. (b) State monitoring. A State may carry out monitoring of IPIA functions at plant facilities within the State if the State is not acting as an IPIA. Where a State wishes to carry out monitoring activities it shall do so in coordination with the Secretary and the Secretary's agent. To the extent that the State is performing adequate monitoring, the frequency of the joint team monitoring may be reduced to one visit per year consistent with the requirements of § 3282.453. (c) Review of staff capability. The monitoring party shall review the capability of the PIA's staff to perform the functions it is required to perform. (d) Review of interpretations. The monitoring party shall review all records of interpretations of the standards made by the PIA to determine whether they are consistent and to determine whether there are any conflicts which should be referred to the Secretary for determination. (e) DAPIA. Monitoring parties shall review on a random basis at least 10 percent of the design and quality assurance manual approvals made by each DAPIA in each year. (f) IPIA. The monitoring parties shall assure that the IPIAs are carrying out all of the functions for which they have been accep… | |||||
| 24:24:5.1.2.1.3.10.1.3 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | J | Subpart J—Monitoring of Primary Inspection Agencies | § 3282.453 Frequency and extent of monitoring. | HUD | (a) The actions of all primary inspection agencies shall be monitored at a frequency adequate to assure that they are performing consistently and fulfilling their responsibilities under these regulations. Every aspect of the primary inspection agencies' performance shall be monitored. (b) Frequency of monitoring. The performance of each primary inspection agency shall be monitored during its period of provisional acceptance by a complete review of its records and, in the case of IPAs, by a complete inspection of the operations of at least one manufacturing plant which it has approved or in which it is operating. After the initial inspection, the performance of each primary inspection agency shall be monitored four times per year, except that the number of monitoring visits may be decreased to a minimum of one per year if the performance of the primary inspection agency is deemed by the Secretary or the Secretary's agent to be superior, and it may be increased as necessary if performance is suspect. There shall be a minimum of one review per year of the records of each primary inspection agency, and there shall be more reviews as needed. | |||||
| 24:24:5.1.2.1.3.11.1.1 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | K | Subpart K—Departmental Oversight | § 3282.501 General. | HUD | The Secretary shall oversee the performance of SAAs, the Secretary's agent, and primary inspection agencies as follows: (a) The Secretary shall review SAA reports to ensure that States are taking appropriate actions with regard to the enforcement of the standards and with respect to the functions for which they are approved under these regulations. (b) The Secretary shall review monitoring reports submitted by the Secretary's agent to determine that it is performing in accordance with the contract between it and the Secretary. (c) The Secretary shall review monitoring reports to determine whether PIAs are fulfilling their responsibilities under these regulations. (d) The Secretary shall make random visits for the purpose of overseeing the activities of SAAs and the Secretary's agent. (e) The Secretary shall take such other actions to oversee the system established by these regulations as it deems appropriate. (f) All records maintained by all parties acting under these regulations with respect to those actions shall be available to the Secretary, the Secretary's agent, and where appropriate, SAAs and PIAs for review at any reasonable time. | |||||
| 24:24:5.1.2.1.3.11.1.2 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | K | Subpart K—Departmental Oversight | § 3282.502 Departmental implementation. | HUD | To the extent that SAAs or any parties contracting with the Secretary do not perform functions called for under these regulations, those functions shall be carried out by the Secretary with its own personnel or through other appropriate parties. | |||||
| 24:24:5.1.2.1.3.11.1.3 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | K | Subpart K—Departmental Oversight | § 3282.503 Determinations and hearings. | HUD | The Secretary shall make all the determinations and hold such hearings as are required by these regulations, and the Secretary shall resolve all disputes arising under these regulations. | |||||
| 24:24:5.1.2.1.3.12.1.1 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | L | Subpart L—Manufacturer, IPIA and SAA Reports | § 3282.551 Scope and purpose. | HUD | This subpart describes the reports which shall be submitted by manufacturers, PIAs and SAAs as part of the system of enforcement established under these regulations. Additional reports described in subpart I are required when corrective actions are taken under that subpart. | |||||
| 24:24:5.1.2.1.3.12.1.2 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | L | Subpart L—Manufacturer, IPIA and SAA Reports | § 3282.552 Manufacturer reports for joint monitoring fees. | HUD | [89 FR 75758, Sept. 16, 2024] | The manufacturer must submit to the IPIA in each of its manufacturing plants, and to HUD or to the Secretary's agent, a monthly production report that includes the serial numbers of each manufactured home manufactured and labeled at that plant during the preceding month. The report must also include the date of manufacture, State of first location of these manufactured homes after leaving the plant, type of unit, number of dwelling units, and any other information required under this part. For all homes to be completed pursuant to subpart M of this part, the production report must also include a brief description of the work to be completed on site. The State of first location is the State of the premises of the retailer or purchaser to whom the manufactured home is first shipped. The monthly report must be submitted by the 10th day of each month and contain information describing the manufacturer's previous month's activities. The manufacturer is encouraged to submit the report electronically, when feasible. | ||||
| 24:24:5.1.2.1.3.12.1.3 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | L | Subpart L—Manufacturer, IPIA and SAA Reports | § 3282.553 IPIA reports. | HUD | Each IPIA shall submit by the twentieth day of each month to each SAA, or if no SAA to the Secretary, in each state where it is engaged in the inspection of manufacturing plants, a report of the operations of each manufacturer in that State for the preceding month which includes the following information: (a) The number of single-wide and double-wide manufactured homes labeled in the preceding month; (b) The number of inspection visits made to each manufacturing plant in the preceding month; and (c) The number of manufactured homes with a failure to conform to the standards or an imminent safety hazard during the preceding month found in the manufacturing plant. The manufacturers report for the preceding month described in § 3282.552 shall be attached to each such IPIA report as an appendix thereto. | |||||
| 24:24:5.1.2.1.3.12.1.4 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | L | Subpart L—Manufacturer, IPIA and SAA Reports | § 3282.554 SAA reports. | HUD | [41 FR 19852, May 13, 1976, as amended at 78 FR 60208, Oct. 1, 2013] | Each SAA shall submit, prior to the last day of each month, to the Secretary a report covering the preceding month which includes: (a) The description and status of all presentations of views, hearings and other legal actions during the preceding month; and (b) The description of the SAA's oversight activities and findings regarding consumer complaints, notification, and correction actions during the preceding month. The IPIA report for the preceding month described in § 3282.553, as well as any orders issued pursuant to 3282.413 and manufacturer reports under § 3282.417(a), which were received during the preceding month, are to be attached to each such SAA report as an Appendix thereto. | ||||
| 24:24:5.1.2.1.3.13.1.1 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | M | Subpart M—On-Site Completion of Construction of Manufactured Homes | § 3282.601 Purpose and applicability. | HUD | [80 FR 53727, Sept. 8, 2015, as amended at 86 FR 2526, Jan. 12, 2021] | (a) Purpose of section. Under HUD oversight, this section establishes the procedure for limited on-site completion of some aspects of construction that cannot be completed at the factory. (b) Applicability. This section may be applied when all requirements of this subpart are met. To be applicable a manufactured home must: (1) Be substantially completed in the factory; (2) Meet the requirements of the Construction and Safety Standards upon completion of the site work; and (3) Be inspected by the manufacturer's IPIA as provided in this subpart, unless specifically exempted as installation under HUD's Model Installation Standards, 24 CFR part 3285. This subpart does not apply to Alternative Construction (see § 3282.14) that does not comply with the Manufactured Home Construction and Safety Standards. (c) Exception. An add-on or attached accessory building or structure which does not affect the performance and ability of the manufactured home to comply with the standards in accordance with § 3282.8(j) is not governed by this section. | ||||
| 24:24:5.1.2.1.3.13.1.10 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | M | Subpart M—On-Site Completion of Construction of Manufactured Homes | § 3282.610 Failure to comply with the procedures of this subpart. | HUD | In addition to other sanctions available under the Act and this part, HUD may prohibit any manufacturer or PIA found to be in violation of the requirements of this section from carrying out their functions of this Subpart in the future, after providing an opportunity for an informal presentation of views in accordance with § 3282.152(f). Repeated infractions of the requirements of this section may be grounds for the suspension or disqualification of a PIA under §§ 3282.355 and 3282.356. | |||||
| 24:24:5.1.2.1.3.13.1.11 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | M | Subpart M—On-Site Completion of Construction of Manufactured Homes | § 3282.611 Compliance with this subpart. | HUD | If the manufacturer and IPIA, as applicable, complies with the requirements of this section and the home complies with the construction and safety standards for those aspects of construction covered by the DAPIA approval, then HUD will consider a manufacturer or retailer that has permitted a manufactured home approved for on-site completion under this section to be sold, leased, offered for sale or lease, introduced, delivered, or imported to be in compliance with the certification requirements of the Act and the applicable implementing regulations in this part 3282 for those aspects of construction covered by the approval. | |||||
| 24:24:5.1.2.1.3.13.1.2 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | M | Subpart M—On-Site Completion of Construction of Manufactured Homes | § 3282.602 Construction qualifying for on-site completion. | HUD | [80 FR 53727, Sept. 8, 2015, as amended at 86 FR 2526, Jan. 12, 2021] | (a) The manufacturer, the manufacturer's DAPIA acting on behalf of HUD, and the manufacturer's IPIA acting on behalf of HUD may agree to permit certain aspects of construction of a manufactured home to be completed to the Construction and Safety Standards on-site in accordance with the requirements of this subpart. The aspects of construction that may be approved to be completed on-site are the partial completion of structural assemblies or systems ( e.g., electrical, plumbing, heating, cooling, fuel burning, and fire safety systems) and components built as an integral part of the home, when the partial completion on-site is warranted because completion of the partial structural assembly or system during the manufacturing process in the factory would not be practicable ( e.g., because of the home design or which could result in transportation damage or if precluded because of road restrictions). Examples of construction that may be completed on-site include: (1) Hinged roof and eave construction, unless exempted as installation by § 3285.801(f) of the Model Manufactured Home Installation Standards and completed and inspected in accordance with the Manufactured Home Installation Program; (2) Any work required by the home design that cannot be completed in the factory, or when the manufacturer authorizes the retailer to provide an add-on to the home during installation, when that work would take the home out of conformance with the construction and safety standards and then bring it back into conformance; (3) Appliances provided by the manufacturer, installer, retailer, or purchaser, including fireplaces to be installed on site; (4) Components or parts that are shipped loose with the manufactured home and that will be installed on-site, unless exempted as installation by the installation standards; (5) Exterior applications such as brick siding, stucco, or tile roof systems; and (6) Other construction such as roof extensions (dormers), site-installed windows in roofs, removable or open floor sections for ba… | ||||
| 24:24:5.1.2.1.3.13.1.3 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | M | Subpart M—On-Site Completion of Construction of Manufactured Homes | § 3282.603 Request for approval; DAPIA review, notification, and approval. | HUD | (a) Manufacturer's request for approval. The manufacturer must request, in writing, and obtain approval of its DAPIA for any aspect of construction that is to be completed on-site under this subpart. The manufacturer, its IPIA, and its DAPIA must work together to reach agreements necessary to enable the request to be reviewed and approved. (b) DAPIA notification. The DAPIA, acting on behalf of HUD, must notify the manufacturer of the results of the DAPIA's review of the manufacturer's request, and must retain a copy of the notification in the DAPIA's records. The DAPIA shall also forward a copy of the approval to HUD or the Secretary's agent as provided under § 3282.361(a)(4). The notification must either: (1) Approve the request if it is consistent with this section and the objectives of the Act; or (2) Deny the proposed on-site completion and set out the reasons for the denial. (c) Manner of DAPIA approval. Notification of DAPIA approval must include, by incorporation or by listing, the information required by paragraph (d) of this section, and must be indicated by the DAPIA placing its stamp of approval or authorized signature on each page of the manufacturer's designs submitted with its request for approval. The DAPIA must include an “SC” designation on each page that includes an element of construction that is to be completed on-site and must include those pages as part of the approved design package. (d) Contents of DAPIA approval. Any approval by the DAPIA under this section must: (1) Include a unique site completion numeric identification for each approval for each manufacturer ( i.e., manufacturer name or abbreviation, SC-XX); (2) Identify the work to be completed on-site; (3) List all models to which the approval applies, or indicate that the approval is not model-specific; (4) Include acceptance by the DAPIA of a quality assurance manual for on-site completion meeting the requirements of paragraph (e) of this section; (5) Include the IPIA's written agreement to accept responsibility … | |||||
| 24:24:5.1.2.1.3.13.1.4 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | M | Subpart M—On-Site Completion of Construction of Manufactured Homes | § 3282.604 DAPIA responsibilities. | HUD | The DAPIA, acting on behalf of HUD, for any manufacturer proceeding under this section is responsible for: (a) Verifying that all information required by § 3282.603 has been submitted by the manufacturer; (b) Reviewing and approving the manufacturer's designs, quality control checklist, site inspection checklist, site completion instructions, and quality assurance manuals for site work to be performed; (c) Maintaining all records and approvals for at least 5 years; (d) Revoking or amending its approvals in accordance with § 3282.609; and (e) Reviewing its approvals under this section at least every 3 years or more frequently if there are changes made to the Manufactured Home Construction and Safety Standards, 24 CFR part 3280, to verify continued compliance with the Standards. | |||||
| 24:24:5.1.2.1.3.13.1.5 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | M | Subpart M—On-Site Completion of Construction of Manufactured Homes | § 3282.605 Requirements applicable to completion of construction. | HUD | (a) Serial numbers of homes completed on-site. The serial number of each home completed in conformance with this section must include the prefix or suffix “SC”. (b) Labeling. A manufacturer that has received a DAPIA approval under § 3282.604 may certify and label a manufactured home that is substantially completed in the manufacturer's plant at the proper completion of the in-plant production phase, even though some aspects of construction will be completed on-site in accordance with the DAPIA's approval. Any such homes or sections of such homes must have a label affixed in accordance with § 3282.362(c)(2) and be shipped with a Consumer Information Notice that meets the requirements of § 3282.606. (c) Site inspection. Prior to occupancy, the manufacturer must ensure that each home is inspected on-site. The manufacturer is responsible for inspecting all aspects of construction that are completed on-site as provided in its approved designs and quality assurance manual for on-site completion. (d) Site inspection report. (1) In preparing the site inspection report, the manufacturer must use the inspection checklist approved by the DAPIA in accordance with § 3282.603(d)(9), and must prepare a final site inspection report and provide a copy to the IPIA within 5 business days of completing the report. Within 5 business days after the date that the IPIA notifies the manufacturer of the IPIA's approval of the final site inspection report, the manufacturer must provide a copy of the approved report to the lessor or purchaser prior to occupancy and, as applicable, the appropriate retailer and any person or entity other than the manufacturer that performed the on-site construction work. (2) Each approved final site inspection report must include: (i) The name and address of the manufacturer; (ii) The serial number of the manufactured home; (iii) The address of the home site; (iv) The name of the person and/or agency responsible for the manufacturer's final site inspection; (v) The name of each person and/or … | |||||
| 24:24:5.1.2.1.3.13.1.6 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | M | Subpart M—On-Site Completion of Construction of Manufactured Homes | § 3282.606 Consumer information. | HUD | (a) Notice. Any home completed under the procedures established in this section must be shipped with a temporary notice that explains that the home will comply with the requirements of the construction and safety standards only after all of the site work has been completed and inspected. The notice must be legible and typed, using letters at least 1/4 inch high in the text of the notice and 3/4 inch high for the title. The notice must read as follows: IMPORTANT CONSUMER INFORMATION NOTICE WARNING: DO NOT LIVE IN THIS HOME UNTIL THE ON-SITE WORK HAS BEEN COMPLETED AND THE MANUFACTURER HAS PROVIDED A COPY OF THE INSPECTION REPORT THAT CERTIFIES THAT THE HOME HAS BEEN INSPECTED AND IS CONSTRUCTED IN ACCORDANCE WITH APPROVED INSTRUCTIONS FOR MEETING THE CONSTRUCTION AND SAFETY STANDARDS. This home has been substantially completed at the factory and certified as having been constructed in conformance with the Federal Manufactured Home Construction and Safety Standards when specified work is performed and inspected at the home site. This on-site work must be performed in accordance with manufacturer's instructions that have been approved for this purpose. The work to be performed on-site is [insert description of all work to be performed in accordance with the construction and safety standards]. This notice may be removed by the purchaser or lessor when the manufacturer provides the first purchaser or lessor with a copy of the manufacturer's final site inspection report, as required by regulation. This final report must include the manufacturer's certification of completion. All manufactured homes may also be subject to separate regulations requiring approval of items not covered by the Federal Manufactured Home Construction and Safety Standards, such as installation and utility connections. WARNING: DO NOT LIVE IN THIS HOME UNTIL THE ON-SITE WORK HAS BEEN COMPLETED AND THE MANUFACTURER HAS PROVIDED A COPY OF THE INSPECTION REPORT THAT CERTIFIES THAT THE HOME HAS BEEN INSPECTED AND IS CONSTRUCTED IN… | |||||
| 24:24:5.1.2.1.3.13.1.7 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | M | Subpart M—On-Site Completion of Construction of Manufactured Homes | § 3282.607 IPIA responsibilities. | HUD | The IPIA, acting on behalf of HUD, for any manufacturer proceeding under this section is responsible for: (a) Working with the manufacturer and the manufacturer's DAPIA to incorporate into the DAPIA-approved quality assurance manual for on-site completion any changes that are necessary to ensure that homes completed on-site conform to the requirements of this section; (b) Providing the manufacturer with a supply of the labels described in this section, in accordance with the requirements of § 3282.362(c)(2)(i)(A); (c) Overseeing the effectiveness of the manufacturer's quality control system for assuring that on-site work is completed to the DAPIA-approved designs, which must include: (1) Verifying that the manufacturer's quality control manual at the installation site is functioning and being followed; (2) Monitoring the manufacturer's system for tracking the status of each home built under the approval until the on-site work and necessary inspections have been completed; (3) Reviewing all of the manufacturer's final on-site inspection reports; and (4) Inspecting all of the on-site construction work for each home utilizing an IPIA inspector or an independent qualified third-party inspector acceptable to the IPIA and acting as the designee or representative: (i) Prior to close-up, unless access panels are provided to allow the work to be inspected after all work is completed on-site; and (ii) After all work is completed on-site, except for close-up; (d) Designating an IPIA inspector or an independent qualified third-party inspector acceptable to the IPIA, as set forth under § 3282.358(d), who is not associated with the manufacturer and is not involved with the site construction or completion of the home and is free of any conflict of interest in accordance with § 3282.359, to inspect the work done on-site for the purpose of determining compliance with: (1) The approved design or, as appropriate under § 3282.362(a)(1)(iii), the Construction and Safety Standards; and (2) The DAPIA-approved quality assura… | |||||
| 24:24:5.1.2.1.3.13.1.8 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | M | Subpart M—On-Site Completion of Construction of Manufactured Homes | § 3282.608 Manufacturer responsibilities. | HUD | A manufacturer proceeding under this section is responsible for: (a) Obtaining DAPIA approval for completion of construction on-site, in accordance with § 3282.603; (b) Obtaining the IPIA's agreement to perform on-site inspections as necessary under this section and the terms of the DAPIA's approval; (c) Notifying the IPIA that the home is ready for inspection; (d) Paying the IPIA's costs for performing on-site inspections of work completed under this section; (e) Either before or at the time on-site work commences, providing the IPIA with a copy of any applicable DAPIA-approved quality assurance manual for on-site completion, the approved instructions for completing the construction work on-site, and an approved inspection checklist, and maintaining this information on the job site until all on-site work is completed and accepted by the IPIA; (f) Satisfactorily completing all on-site construction and required repairs or authorizing a licensed contractor or similarly qualified person to complete all site construction and any needed repairs; (g) Providing a written certification to the lessor or purchaser, when all site construction work is completed, that each home, to the best of the manufacturer's knowledge and belief, is constructed in conformance with the Construction and Safety Standards; (h) Ensuring that the consumer notification requirements of § 3282.606 are met for any home completed under this subpart; (i) Maintaining a system for tracking the status of homes built under the approval until the on-site work and necessary inspections have been completed, such that the system will assure that the work is performed in accordance with the quality control manual and other conditions of the approval; (j) Ensuring performance of all work as necessary to assure compliance with the Construction and Safety Standards upon completion of the site work, including § 3280.303(b) of this chapter, regardless of who does the work or where the work is completed; (k) Preparing a site inspection report upon comple… | |||||
| 24:24:5.1.2.1.3.13.1.9 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | M | Subpart M—On-Site Completion of Construction of Manufactured Homes | § 3282.609 Revocation or amendment of DAPIA approval. | HUD | (a) The DAPIA that issued an approval or the Secretary may revoke or amend, prospectively, an approval notification issued under § 3282.603. The approval may be revoked or amended whenever the DAPIA or HUD determines that: (1) The manufacturer is not complying with the terms of the approval or the requirements of this section; (2) The approval was not issued in conformance with the requirements of § 3282.603; (3) A home produced under the approval fails to comply with the Federal construction and safety standards or contains an imminent safety hazard; or (4) The manufacturer fails to make arrangements for one or more manufactured homes to be inspected by the IPIA prior to occupancy. (b) The DAPIA must immediately notify the manufacturer, the IPIA, and HUD of any revocation or amendment of DAPIA approval. | |||||
| 24:24:5.1.2.1.3.2.1.1 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | B | Subpart B—Formal Procedures | § 3282.51 Scope. | HUD | This subpart contains rules of procedure generally applicable to the transaction of official business under the National Manufactured Housing Construction and Safety Standards Act, including the rules governing public availability of information. | |||||
| 24:24:5.1.2.1.3.2.1.2 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | B | Subpart B—Formal Procedures | § 3282.52 Address of communications. | HUD | [78 FR 60199, Oct. 1, 2013] | Unless otherwise specified, communications shall be addressed to the Administrator, Office of Manufactured Housing Programs, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410. | ||||
| 24:24:5.1.2.1.3.2.1.3 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | B | Subpart B—Formal Procedures | § 3282.53 Service of process on foreign manufacturers and importers. | HUD | [61 FR 10860, Mar. 15, 1996] | The designation of an agent required by section 612(e) of the Act, 42 U.S.C. 5411(e), shall be in writing, dated, and signed by the manufacturer and the designated agent. | ||||
| 24:24:5.1.2.1.3.2.1.4 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | B | Subpart B—Formal Procedures | § 3282.54 Public information. | HUD | [41 FR 19852, May 13, 1976, as amended at 61 FR 10860, Mar. 15, 1996] | (a) General. Subject to the provisions of 24 CFR part 15 covering the production or disclosure of material or information and the provisions of 24 CFR part 16 at 40 FR 39729 relating to the Privacy Act, and except as otherwise provided by paragraphs (b), (c), (d), and (e) of this section, the Secretary may make available to the public: (1) Any information which may indicate the existence of an imminent safety hazard, and (2) Any information which may indicate the failure of a manufactured home to comply with applicable manufactured home construction and safety standards, and (3) Such other information as the Secretary determines is necessary to carry out the Secretary's functions under the Act. (b) Protected information. Data and information submitted or otherwise provided to the Secretary or an agent of the Secretary or a PIA or SAA which fall within the definitions of a trade secret or confidential commercial or financial information are exempt from disclosure under this section, only if the party submitting or providing the information so requests under paragraph (c) of this section. However, the Secretary may disclose such information to any person requesting it after deletion of the portions which are exempt, or in such combined or summary form as does not disclose the portions which are exempt from disclosure or in its entirety in accordance with section 614 of the Act, U.S.C. 5413. (c) Obtaining exemption. Any party submitting any information to the Secretary in any form under this part, or otherwise in relation to the program established by the Act shall, if the party desires the information to be exempt from disclosure, at the time of submittal of the information or at any time thereafter, request that the information or any part thereof be protected from disclosure. The request for nondisclosure shall include the basis for the request under the Act or other authority and complete justification supporting the claim that the material should be exempt from disclosure. The request should also inc… | ||||
| 24:24:5.1.2.1.3.3.1.1 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | C | Subpart C—Rules and Rulemaking Procedures | § 3282.101 Generally. | HUD | [61 FR 10860, Mar. 15, 1996] | Procedures that apply to the formulation, issuance, amendment, and revocation of rules pursuant to the Act are governed by the Act, the Administrative Procedure Act, 5 U.S.C. 551 et seq., and part 10 of this title, except that the Secretary shall respond to a petition for rulemaking by an interested party within 180 days of receipt of the petition. | ||||
| 24:24:5.1.2.1.3.3.1.2 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | C | Subpart C—Rules and Rulemaking Procedures | § 3282.111 Petitions for reconsideration of final rules. | HUD | (a) Definition. A petition for reconsideration of a final rule issued by the Secretary is a request in writing from any interested person which must be received not later than 60 days after publication of the rule in the Federal Register. The petition shall state that it is a petition for reconsideration of a final rule, and shall contain an explanation as to why compliance with the rule is not practicable, is unreasonable, or is not in the public interest. If the petitioner requests the consideration of additional facts, the petitioner shall state the reason they were not presented to be treated as petitions for rulemaking. (b) Proceedings on petitions for reconsideration. The Secretary may grant or deny, in whole or in part, any petition for reconsideration without further proceedings. The Secretary may issue a final decision on reconsideration without further proceeding, or may provide such opportunity to submit comments or information and data as the Secretary deems appropriate. (c) Unless the Secretary determines otherwise, the filing of a petition under this section does not stay the effectiveness of the rule in question. (d) Any party seeking to challenge any rule or regulation issued under the Act, except orders issued under section 604 42 U.S.C. 5403, if the challenge is brought before the expiration of the 60 day period set out in paragraph (a) of this section, shall file a timely petition for reconsideration under this section prior to seeking any other remedy. | |||||
| 24:24:5.1.2.1.3.3.1.3 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | C | Subpart C—Rules and Rulemaking Procedures | § 3282.113 Interpretative bulletins. | HUD | [61 FR 10860, Mar. 15, 1996] | When appropriate, the Secretary shall issue interpretative bulletins interpreting the standards under the authority of § 3280.9 of this chapter or interpreting the provisions of this part. Issuance of interpretative bulletins shall be treated as rulemaking under this subpart C unless the Secretary deems such treatment not to be in the public interest and the interpretation is not otherwise required to be treated as rulemaking. All interpretative bulletins shall be indexed and made available to the public at the Manufactured Housing Standards Division and a copy of the index shall be published periodically in the Federal Register. | ||||
| 24:24:5.1.2.1.3.4.1.1 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | D | Subpart D—Informal and Formal Presentations of Views, Hearings and Investigations | § 3282.151 Applicability and scope. | HUD | [41 FR 19852, May 13, 1976, as amended at 51 FR 34467, Sept. 29, 1986; 61 FR 10442, Mar. 13, 1996; 72 FR 73497, Dec. 27, 2007] | (a) This subpart sets out procedures to be followed when an opportunity to present views provided for in the Act is requested by an appropriate party. Section 3282.152 provides for two types of procedures that may be followed, one informal and nonadversary, and one more formal and adversary. Section 3282.152 also sets out criteria to govern which type of procedure will be followed in particular cases. (b) The procedures of § 3282.152 also apply to: (1) Proceedings held by the Secretary whenever the suspension or disqualification of a primary inspection agency, which has been granted final approval, is recommended under § 3282.356 of these regulations, and (2) Resolution of disputes where an SAA or manufacturer disagrees with a determination of a DAPIA under § 3282.361 that a manufactured home design does or does not conform to the standards or that a quality assurance manual is or is not adequate with a decision by an IPIA to red tag or not to red tag or to provide or not to provide a certification label for a manufactured home under § 3282.362 when the IPIA believes that the manufactured home does or does not conform to the standards. (c) The procedures set out in § 3282.152 shall also be followed whenever State Administrative Agencies hold Formal or Informal Presentations of Views under § 3282.309. (d) To the extent that these regulations provide for Formal or Informal Presentations of Views for parties that would otherwise qualify for hearings under 2 CFR part 2424, the procedures of 2 CFR part 2424 shall not be available and shall not apply. | ||||
| 24:24:5.1.2.1.3.4.1.2 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | D | Subpart D—Informal and Formal Presentations of Views, Hearings and Investigations | § 3282.152 Procedures to present views and evidence. | HUD | [41 FR 19852, May 13, 1976, as amended at 51 FR 34467, Sept. 29, 1986] | (a) Policy. All Formal and Informal Presentations of Views under this subpart shall be public, unless, for good cause, the Secretary determines it is in the public interest that a particular proceeding should be closed. If the Secretary determines that a proceeding should be closed, the Secretary shall state and make publicly available the basis for that determination. (b) Request. Upon receipt of a request to present views and evidence under the Act, the Secretary shall determine whether the proceeding will be a Formal or an Informal Presentation of Views, and shall issue a notice under paragraph (c) of this section. (c) Notice. When the Secretary decides to conduct a Formal or an Informal Presentation of Views under this section, the Secretary shall provide notice as follows: (1) Except where the need for swift resolution of the question involved prohibits it, notice of a proceeding hereunder shall be published in the Federal Register at least 10 days prior to the date of the proceeding. In any case, notice shall be provided to interested persons to the maximum extent practicable. Direct notice shall be sent by certified mail to the parties involved in the hearing. (2) The notice, whether published or mailed, shall include a statement of the time, place and nature of the proceeding; reference to the authority under which the proceeding will be held; a statement of the subject matter of the proceeding, the parties and issues involved; and a statement of the manner in which interested persons shall be afforded the opportunity to participate in the hearing. (3) The notice shall designate the official who shall be the presiding officer for the proceedings and to whom all inquiries should be directed concerning such proceedings. (4) The notice shall state whether the proceeding shall be held in accordance with the provisions of paragraph (f)—(Informal Presentation of Views) or paragraph (g)—(Formal Presentation of Views) of this section, except that when the Secretary makes the determinations provided … | ||||
| 24:24:5.1.2.1.3.4.1.3 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | D | Subpart D—Informal and Formal Presentations of Views, Hearings and Investigations | § 3282.153 Public participation in formal or informal presentation of views. | HUD | [51 FR 34468, Sept. 29, 1986] | (a) Any interested persons may participate, in writing, in any Formal or Informal Presentation of Views held under the provisions of paragraph (f) or (g) of § 3282.152. The presiding officer shall, to the extent practicable, consider any such written materials. (b) Any interested person may participate in the oral portion of any Formal or Informal Presentation of Views held under paragraphs (f) and (g) of § 3282.152 unless the presiding officer determines that participation should be limited or barred so as not unduly to prejudice the rights of the parties directly involved or unnecessarily to delay the proceedings. | ||||
| 24:24:5.1.2.1.3.4.1.4 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | D | Subpart D—Informal and Formal Presentations of Views, Hearings and Investigations | § 3282.154 Petitions for formal or informal presentations of views, and requests for extraordinary interim relief. | HUD | [51 FR 34468, Sept. 29, 1986] | Any person entitled to a Formal or an Informal Presentation of Views under paragraph (f) or paragraph (g) of § 3282.152 in order to address issues as provided for in § 3282.151(a) may petition the Secretary to initiate such a Presentation of Views. The petition may be accompanied by a request that the Secretary provide appropriate interim relief pending the issuance of the final determination or decision. No interim relief will be granted unless there is a showing of extraordinary cause. Upon receipt of a petition, the Secretary shall grant the petition and issue the notice provided for in § 3282.152(b) for Formal or Informal Presentation of Views, and may grant, deny or defer decision on any request for interim relief. | ||||
| 24:24:5.1.2.1.3.4.1.5 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | D | Subpart D—Informal and Formal Presentations of Views, Hearings and Investigations | § 3282.155 Investigations. | HUD | [61 FR 10442, Mar. 13, 1996] | The procedures for investigations and investigational proceedings are set forth in part 3800 of this chapter. | ||||
| 24:24:5.1.2.1.3.4.1.6 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | D | Subpart D—Informal and Formal Presentations of Views, Hearings and Investigations | § 3282.156 Petitions for investigations. | HUD | (a) Any person may petition the Secretary in writing to open an investigation into whether noncompliances, defects, serious defects, or imminent safety hazards exist in manufactured homes. A petition shall include the reasons that the petitioner believes warrant an investigation, and it shall state any steps which have previously been taken to remedy the situation. The petition shall include all information known to the petitioner concerning the identity of manufactured homes which may be affected and where those manufactured homes were manufactured. The Secretary shall respond to petitions concerning alleged imminent safety hazards and serious defects within 60 days and to petitions alleging the existence of defects or noncompliances within 120 days. (b) Any person may petition the Secretary in writing to undertake an investigation for the purpose of determining whether a primary inspection agency should be disqualified. The petition shall set out all facts and information on which the petition is based and a detailed statement of why such information justifies disqualification. The Secretary shall consider such petitions when making determinations on final acceptance and continued acceptance. The Secretary shall respond to such petition within 120 days. | |||||
| 24:24:5.1.2.1.3.5.1.1 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | E | Subpart E—Manufacturer Inspection and Certification Requirements | § 3282.201 Scope and purpose. | HUD | (a) This subpart sets out requirements which must be met by manufacturers of manufactured homes for sale to purchasers in the United States with respect to certification of manufactured home designs, inspection of designs, quality assurance programs, and manufactured home production, and certification of manufactured homes. Other than references and a general description of responsibilities, this subpart does not set out requirements with respect to remedial actions or reports which must be taken or filed under the Act and these regulations. (b) The purpose of this subpart is to require manufacturers to participate in a system of design approvals and inspections which serve to assist them in assuring that manufactured homes which they manufacture will conform to Federal standards. Such approvals and inspections provide significant protection to the public by decreasing the number of manufactured homes with possible defects in them, and provide protection to manufacturers by reducing the number of instances in which costly remedial actions must be undertaken after manufactured homes are sold. | |||||
| 24:24:5.1.2.1.3.5.1.10 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | E | Subpart E—Manufacturer Inspection and Certification Requirements | § 3282.210 Payment of monitoring fee. | HUD | [50 FR 28398, July 12, 1985] | (a) Each manufacturer shall pay the monitoring fee established under §§ 3282.307 and 3282.454 for each transportable section of each manufactured housing unit that it manufactures under the Federal standards. (b) The monitoring fee shall be paid in the form of a check made payable to the Secretary or the Secretary's agent. The manufacturer shall give to the IPIA (or to any other person or agency designated in writing by the Secretary) the required check in the amount of the number of labels, as required by § 3282.365, multiplied by the amount of the fee per transportable section of each manufactured housing unit. | ||||
| 24:24:5.1.2.1.3.5.1.11 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | E | Subpart E—Manufacturer Inspection and Certification Requirements | § 3282.211 Record of purchasers. | HUD | (a) Information requirements for purchasers. (1) Every manufacturer of manufactured homes shall, for each manufactured home manufactured under the Federal standards, provide with the manufactured home a booklet containing at least 3 detachable cards as described in paragraph (a)(2) of this section. On the front of the booklet, in bold faced type, shall be printed the following language: “Keep this booklet with your manufactured home. Title VI of the Housing and Community Development Act of 1974 provides you with protection against certain construction and safety hazards in your manufactured home. To help assure your protection, the manufacturer of your manufactured home needs the information which these cards, when completed and mailed, will supply. If you bought your home from a retailer, please be sure that your retailer has completed and mailed a card for you. If you acquired your home from someone who is not a retailer, you should promptly fill out and send a card to the manufacturer. It is important that you keep this booklet and give it to any person who buys the manufactured home from you.” “Keep this booklet with your manufactured home. Title VI of the Housing and Community Development Act of 1974 provides you with protection against certain construction and safety hazards in your manufactured home. To help assure your protection, the manufacturer of your manufactured home needs the information which these cards, when completed and mailed, will supply. If you bought your home from a retailer, please be sure that your retailer has completed and mailed a card for you. If you acquired your home from someone who is not a retailer, you should promptly fill out and send a card to the manufacturer. It is important that you keep this booklet and give it to any person who buys the manufactured home from you.” (2) The detachable cards shall contain blanks for the following information: (i) Name and address of the retailer or other person selling the manufactured home to the purchaser; (ii) Name and complete … | |||||
| 24:24:5.1.2.1.3.5.1.12 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | E | Subpart E—Manufacturer Inspection and Certification Requirements | § 3282.212 Toxic Substances Control Act (TSCA) Title VI requirements. | HUD | [85 FR 5566, Jan. 31, 2020] | Manufacturers must maintain bills of lading, invoices, or comparable documents that include a written statement from the supplier that the component or finished goods are TSCA Title VI compliant for a minimum of 3 years from the date of import, purchase, or shipment, consistent with 40 CFR 770.30(c) and 770.40. | ||||
| 24:24:5.1.2.1.3.5.1.2 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | E | Subpart E—Manufacturer Inspection and Certification Requirements | § 3282.202 Primary inspection agency contracts. | HUD | Each manufacturer shall enter into a contract or other agreement with as many Design Inspection Primary Inspection Agencies (DAPIAs) as it wishes and with enough Production Inspection Primary Inspection Agencies (IPIAs) to provide IPIA services for each manufacturing plant as set out in this subpart and in subpart H of this part. In return for the services provided by the DAPIAs and IPIAs, each manufacturer shall pay such reasonable fees as are agreed upon between the manufacturer and the primary inspection agency or, in the case of a State acting as an exclusive IPIA under § 3282.3 such fees as may be established by the State. | |||||
| 24:24:5.1.2.1.3.5.1.3 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | E | Subpart E—Manufacturer Inspection and Certification Requirements | § 3282.203 DAPIA services. | HUD | [41 FR 19852, May 13, 1976, as amended at 67 FR 12818, Mar. 19, 2002; 80 FR 53727, Sept. 8, 2015] | (a) Each manufacturer shall have each manufactured home design and each quality assurance manual which it intends to follow approved by a DAPIA under § 3282.361. The manufacturer is free to choose which DAPIA will evaluate and approve its designs and quality assurance materials manufacturer may obtain design and quality assurance manual approval from a single DAPIA regardless of the number of plants in which the design and quality assurance manual will be followed. A manufacturer may also obtain approval for the same design and quality assurance manual from more than one DAPIA. The choice of which DAPIA or DAPIAs to employ is left to the manufacturer. (b) The manufacturer shall submit to the DAPIA such information as the DAPIA may require in order to carry out design approvals. This information shall, except where the manufacturer demonstrates to the DAPIA that it is not necessary, include the following: (1) Construction drawings and/or specifications showing structural details and layouts of frames, floors, walls and roofs, and chassis; material specifications, framing details, door locations, etc., for each floor plan proposed to be manufactured, (2) Structural analysis and calculations, test data and/or other accepted engineering practices used by the manufacturer to validate the design, (3) Complete heat loss calculations for each significant variation of home design, (4) Floor plans showing room arrangement and sizes, window sizes, emergency exists and locations, locations of smoke alarms, fixed appliance range hoods, and other standards related aspects of the manufactured home that can be shown on the floor plans, (5) Diagrams of the fuel supply system, potable water system and drain, waste and vent systems. The diagrams shall specify the types of materials used, types of fittings and methods of installing required safety equipment, (6) Wiring diagrams, including circuit allocation of electrical load and branch circuit calculations, a table of the branch circuit protection provided, the type of wirin… | ||||
| 24:24:5.1.2.1.3.5.1.4 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | E | Subpart E—Manufacturer Inspection and Certification Requirements | § 3282.204 IPIA services. | HUD | [41 FR 19852, May 13, 1976, as amended at 78 FR 60199, Oct. 1, 2013] | (a) Each manufacturer shall obtain the services of an IPIA as set out in § 3282.362 for each manufacturing plant operated by the manufacturer. (b) The manufacturer shall make available to the IPIA operating in each of its plants a copy of the drawings and specifications from the DAPIA approved design and the quality assurance manual for that plant, and the IPIA shall perform an initial factory inspection as set out in § 3282.362(b). If the IPIA issues a deviation report after the initial factory inspection, the manufacturer shall make any corrections or adjustments which are necessary to conform with the DAPIA approved designs and manuals. After the corrections required by the deviation report are completed to the satisfaction of the IPIA, the IPIA shall issue the certification report as described in § 3282.362(b)(2). In certain instances a DAPIA may provide the certification report. (See § 3282.362) The manufacturer shall maintain a current copy of each certification report in the plant to which the certification report relates. (c) After the certification report has been signed by the IPIA, the manufacturer shall obtain labels from the IPIA and shall affix them to completed manufactured homes as set out in § 3282.362(c)(2). During the initial factory certification, the IPIA may apply labels to manufactured homes which it knows to be in compliance with the standards if it is performing complete inspections of all phases of production of each manufactured home and the manufacturer authorizes it to apply labels. (d) During the course of production the manufacturer shall maintain a complete set of approved drawings, specifications, and approved design changes for the use of the IPIA's inspector and always available to that inspector when in the manufacturing plant. (e) If during the course of production, an IPIA finds a failure to conform to a standard exists in a manufactured home under production, the manufacturer must correct the failure to conform in any manufactured home still in the factory and held by di… | ||||
| 24:24:5.1.2.1.3.5.1.5 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | E | Subpart E—Manufacturer Inspection and Certification Requirements | § 3282.205 Certification requirements. | HUD | [41 FR 19852, May 13, 1976, as amended at 41 FR 24970, June 21, 1976; 61 FR 10860, Mar. 15, 1996] | (a) Every manufacturer shall make a record of the serial number of each manufactured home produced, and a duly authorized representative of the manufacturer shall certify that each manufactured home has been constructed in accordance with the Federal standards. The manufacturer shall furnish a copy of that certification to the IPIA for the purpose of determining which manufactured homes are subject to the notification and correction requirements of subpart I of this part. (b) Every manufacturer of manufactured homes shall certify on the data plate as set out in § 3280.5 of chapter XX of 24 CFR and § 3282.362(c)(3) that the manufactured home is designed to comply with the Federal manufactured home construction and safety standards in force at the time of manufacture in addition to providing other information required to be completed on the data plate. (c) Every manufacturer of manufactured homes shall furnish to the retailer or distributor of each of its manufactured homes a certification that such manufactured home, to the best of the manufacturer's knowledge and belief, conforms to all applicable Federal construction and safety standards. This certification shall be in the form of the label provided by the IPIA under § 3282.362(c)(2). The label shall be affixed only at the end of the last stage of production of the manufactured home. (d) The manufacturer shall apply a label required or allowed by the regulations in this part only to a manufactured home that the manufacturer knows by its inspections to be in compliance with the standards. | ||||
| 24:24:5.1.2.1.3.5.1.6 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | E | Subpart E—Manufacturer Inspection and Certification Requirements | § 3282.206 Disagreement with IPIA or DAPIA. | HUD | [41 FR 19852, May 13, 1976, as amended at 51 FR 34468, Sept. 29, 1986; 61 FR 10860, Mar. 15, 1996] | Whenever a manufacturer disagrees with a finding by a DAPIA or an IPIA acting in accordance with subpart H of this part, the manufacturer may request a Formal or Informal Presentation of Views as provided in § 3282.152. The manufacturer shall not, however, produce manufactured homes pursuant to designs which have not been approved by a DAPIA or produce manufactured homes which the relevant IPIA believes not to conform to the standards unless and until: (a) The Secretary determines that the manufacturer is correct in believing the design of the manufactured home conforms to the standards; or (b) Extraordinary interim relief is granted under § 3282.154; or (c) The DAPIA or IPIA otherwise resolves the disagreement. | ||||
| 24:24:5.1.2.1.3.5.1.7 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | E | Subpart E—Manufacturer Inspection and Certification Requirements | § 3282.207 Manufactured home consumer manual requirements. | HUD | [61 FR 10860, Mar. 15, 1996, as amended at 72 FR 27228, May 14, 2007] | (a) The manufacturer shall provide a consumer manual with each manufactured home that enters the first stage of production on or after July 31, 1977, pursuant to section 617 of the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5416. (b) The manufacturer shall provide the consumer manual by placing a manual in each such manufactured home before the manufactured home leaves the manufacturing plant. The manual shall be placed in a conspicuous location in a manner likely to assure that it is not removed until the purchaser removes it. (c) If a manufacturer is informed that a purchaser did not receive a consumer manual, the manufacturer shall provide the appropriate manual to the purchaser within 30 days of being so informed. (d) No retailer or distributor may interfere with the distribution of the consumer manual. When necessary, the retailer or distributor shall take any appropriate steps to assure that the purchaser receives a consumer manual from the manufacturer. (e) Dispute resolution information. (1) The manufacturer must include the following language under a heading of “Dispute Resolution Process” in the consumer manual: Many states have a consumer assistance or dispute resolution program that homeowners may use to resolve problems with manufacturers, retailers, or installers concerning defects in their manufactured homes that render part of the home unfit for its intended use. Such state programs may include a process to resolve a dispute among a manufacturer, a retailer, and an installer about who will correct the defect. In states where there is not a dispute resolution program that meets the federal requirements, the HUD Manufactured Home Dispute Resolution Program will operate. These are “HUD-administered states.” The HUD Manufactured Home Dispute Resolution Program is not for cosmetic or minor problems in the home. You may contact the HUD Manufactured Housing Program Office at (202) 708-6423 or (800) 927-2891, or visit the HUD website at www.hud.gov to determine… | ||||
| 24:24:5.1.2.1.3.5.1.8 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | E | Subpart E—Manufacturer Inspection and Certification Requirements | § 3282.208 Remedial actions—general description. | HUD | (a) Notification. A manufacturer may be required to provide formal notice to manufactured home owners and retailers, as set out in subpart I of this part, if the manufacturer, the Secretary, or a State Administrative Agency determines under that subpart that an imminent safety hazard, serious defect, defect, or noncompliance exists or may exist in a manufactured home produced by that manufacturer. (b) Correction. A manufacturer may be required to correct imminent safety hazards and serious defects which the manufacturer or the Secretary determines under subpart I exist in manufactured homes produced by the manufacturer. This correction would be carried out in addition to the sending of formal notice as described in paragraph (a) of this section. (c) Cooperation. The manufacturer shall be responsible for working with the DAPIA, IPIA, any SAA, the Secretary, and the Secretary's agent as necessary in the course of carrying out investigations and remedial actions under subpart I. (d) Avoidance of formalities. The provisions for notification and required correction outlined in paragraphs (a) and (b) of this section and described more fully in subpart I may be waived or avoided in certain circumstances under that subpart. | |||||
| 24:24:5.1.2.1.3.5.1.9 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | E | Subpart E—Manufacturer Inspection and Certification Requirements | § 3282.209 Report requirements. | HUD | The manufacturer shall submit reports to the PIAs, SAAs, and the Secretary as required by subpart L of these regulations. | |||||
| 24:24:5.1.2.1.3.6.1.1 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | F | Subpart F—Retailer and Distributor Responsibilities | § 3282.251 Scope and purpose. | HUD | (a) This subpart sets out the responsibilities which shall be met by distributors and retailers with respect to manufactured homes manufactured after the effective date of the standards for sale to purchasers in the United States. It prohibits the sale, lease, or offer for sale or lease of manufactured homes known by the distributor or retailer not to be in conformance with the standards, and it includes responsibilities for maintaining certain records and assisting in the gathering of certain information. (b) The purpose of this subpart is to inform distributors and retailers when they may sell manufactured homes, when they are prohibited from selling manufactured homes, and what they may do in order to prepare a manufactured home for sale if it is not in conformance with the standards. (c) For purposes of this part, any manufacturer or distributor who sells, leases, or offers for sale or lease a manufactured home to a purchaser shall be a retailer for purposes of that transaction. | |||||
| 24:24:5.1.2.1.3.6.1.2 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | F | Subpart F—Retailer and Distributor Responsibilities | § 3282.252 Prohibition of sale. | HUD | [41 FR 19852, May 13, 1976, as amended at 80 FR 53727, Sept. 8, 2015] | (a) No distributor or retailer shall make use of any means of transportation affecting interstate or foreign commerce or the mails to sell, lease, or offer for sale or lease in the United States any manufactured home manufactured on or after the effective date of an applicable standard unless: (1) There is affixed to the manufactured home a label certifying that the manufactured home conforms to applicable standards as required by § 3282.205(c), and (2) The distributor or retailer, acting as a reasonable distributor or retailer, does not know that the manufactured home does not conform to any applicable standards. (b) This prohibition applies to any affected manufactured homes until the completion of the entire sales transaction. A sales transaction with a purchaser is considered completed when all the goods and services that the retailer agreed to provide at the time the contract was entered into have been provided. Completion of a retail sale will be at the time the retailer completes installation of the manufactured home, if the retailer has agreed to provide the installation, or at the time the retailer delivers the home to a transporter, if the retailer has not agreed to transport or install the manufactured home. The sale is also complete upon delivery to the site if the retailer has not agreed to provide installation as completion of sale, except that any sale or lease under subpart M and as provided in § 3286.117(a) will not be considered complete until the purchaser or lessor, as applicable, has been provided with a final site inspection report. (c) This prohibition of sale does not apply to manufactured homes which are placed in production prior to the effective date of the standards, and it does not apply to “used” manufactured homes which are being sold or offered for sale after the first purchase in good faith for purposes other than the resale. | ||||
| 24:24:5.1.2.1.3.6.1.3 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | F | Subpart F—Retailer and Distributor Responsibilities | § 3282.253 Removal of prohibition of sale. | HUD | [41 FR 19852, May 13, 1976, as amended at 78 FR 60199, Oct. 1, 2013] | (a) If a distributor or retailer has a manufactured home in its possession or a manufactured home with respect to a sales transaction has not yet been completed, and a distributor or retailer knows as a result of notification by the manufacturer or otherwise that the manufactured home contains a failure to conform or imminent safety hazard, the distributor or retailer may seek the remedies available under § 3282.415. (b) When, in accordance with § 3282.415, a manufacturer corrects a failure to conform to the applicable standard or an imminent safety hazard, the distributor or retailer, acting as a reasonable distributor or retailer, may accept the remedies provided by the manufacturer as having corrected the failure to conform or imminent safety hazard. The distributor or retailer, therefore, may sell, lease, or offer for sale or lease any manufactured home so corrected by the manufacturer. (c) When a distributor or retailer is authorized by a manufacturer to correct a failure to conform to the applicable standard or an imminent safety hazard and completes the correction in accordance with the manufacturer's instructions, the distributor or retailer may sell, or lease or offer for sale or lease the manufactured home in question, provided that the distributor or retailer, acting as a reasonable distributor or retailer knows that the manufactured home conforms to the standards. A distributor or retailer and a manufacturer, at the manufacturer's option, may agree in advance that the distributor or retailer is authorized to make such corrections as the manufacturer believes are within the expertise of the dealer. (d) If the corrections made under paragraphs (b) and (c) of this section do not bring the manufactured home into conformance or correct the imminent safety hazard, the provisions of § 3282.415 will continue in effect prior to completion of the sales transaction. | ||||
| 24:24:5.1.2.1.3.6.1.4 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | F | Subpart F—Retailer and Distributor Responsibilities | § 3282.254 Distributor and retailer alterations. | HUD | (a) If a distributor or retailer alters a manufactured home in such a way as to create an imminent safety hazard or to create a condition which causes a failure to conform with applicable Federal standards, the manufactured home affected may not be sold, leased, or offered for sale or lease. (b) After correction by the distributor or retailer of the failure to conform or imminent safety hazard, the corrected manufactured home may be sold, leased, or offered for sale or lease. (c) Distributors and retailers shall maintain complete records of all alterations made under paragraphs (a) and (b) of this section. | |||||
| 24:24:5.1.2.1.3.6.1.5 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | F | Subpart F—Retailer and Distributor Responsibilities | § 3282.255 Completion of information card. | HUD | (a) Whenever a distributor or retailer sells a manufactured home subject to the standards to a purchaser, the distributor or retailer shall fill out the card with information provided by the purchaser and shall send the card to the manufacturer. (See § 3282.211.) (b) Whenever a distributor or retailer sells a manufactured home to an owner which was originally manufactured under the standards, the distributor or retailer shall similarly use one of the detachable cards which was originally provided with the manufactured home. If such a card is no longer available, the distributor or retailer shall obtain the information which the card would require and send it to the manufacturer of the manufactured home in an appropriate format. | |||||
| 24:24:5.1.2.1.3.6.1.6 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | F | Subpart F—Retailer and Distributor Responsibilities | § 3282.256 Distributor or retailer complaint handling. | HUD | (a) When a distributor or retailer believes that a manufactured home in its possession which it has not yet sold to a purchaser contains an imminent safety hazard, serious defect, defect, or noncompliance, the distributor or retailer shall refer the matter to the manufacturer for remedial action under § 3282.415. If the distributor or retailer is not satisfied with the action taken by the manufacturer, it may refer the matter to the SAA in the state in which the manufactured home is located, or to the Secretary if there is no such SAA. (b) Where a distributor or retailer receives a consumer complaint or other information concerning a manufactured home sold by the distributor or retailer, indicating the possible existence of an imminent safety hazard, serious defect, defect, or noncompliance in the manufactured home, the distributor or retailer shall refer the matter to the manufacturer. | |||||
| 24:24:5.1.2.1.3.6.1.7 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | F | Subpart F—Retailer and Distributor Responsibilities | § 3282.257 TSCA Title VI requirements. | HUD | [85 FR 5567, Jan. 31, 2020] | Retailers and distributors must maintain bills of lading, invoices, or comparable documents that include a written statement from the supplier that the component or finished goods are TSCA Title VI compliant for a minimum of 3 years from the date of import, purchase, or shipment, consistent with 40 CFR 770.30(c) and 770.40. | ||||
| 24:24:5.1.2.1.3.7.1.1 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | G | Subpart G—State Administrative Agencies | § 3282.301 General—scope. | HUD | This subpart sets out procedures to be followed and requirements to be met by States which wish to participate as State Administrative Agencies (SAA) under the Federal standards enforcement program. Requirements relating to States which wish to participate as primary inspection agencies under the Federal standards enforcement program are set out in subpart H of this part. Requirements which States must meet in order to receive full or conditional approval as SAAs and the responsibilities of such agencies are set out in § 3282.302. Reporting requirements for approved and conditionally approved SAAs are set out in subpart L. | |||||
| 24:24:5.1.2.1.3.7.1.2 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | G | Subpart G—State Administrative Agencies | § 3282.302 State plan. | HUD | [41 FR 19852, May 13, 1976, as amended at 47 FR 5888, Feb. 9, 1982; 51 FR 34468, Sept. 29, 1986; 61 FR 10860, Mar. 15, 1996; 78 FR 60199, Oct. 1, 2013] | A State wishing to qualify and act as an SAA under this subpart shall make a State Plan Application under this section. The State Plan Application shall be made to the Administrator, Office of Manufactured Housing Programs, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, and shall include: (a) An original and one copy of a cover sheet which shall show the following: (1) The name and address of the State agency designated as the sole agency responsible for administering the plan throughout the State, (2) The name of the administrator in charge of the agency, (3) The name, title, address, and phone number of the person responsible for handling consumer complaints concerning standards related problems in manufactured homes under subpart I of this part, (4) A list of personnel who will carry out the State plan, (5) The number of manufactured home manufacturing plants presently operating in the State, (6) The estimated total number of manufactured homes manufactured in the State per year, (7) The estimated total number of manufactured homes set up in the State per year, and (8) A certification signed by the administrator in charge of the designated State agency stating that, if it is approved by the Secretary, the State plan will be carried out in full, and that the regulations issued under the Act shall be followed, (b) An original and one copy of appropriate materials which: (1) Demonstrate how the designated State agency shall ensure effective handling of consumer complaints and other information referred to it that relate to noncompliances, defects, serious defects or imminent safety hazards as set out in subpart I of this part, including the holding of Formal and Informal Presentations of Views and the fulfilling of all other responsibilities of SAAs as set out in this subpart G, (2) Provide that personnel of the designated agency shall, under State law or as agents of HUD, have the right at any reasonable time to enter and inspect all factorie… | ||||
| 24:24:5.1.2.1.3.7.1.3 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | G | Subpart G—State Administrative Agencies | § 3282.303 State plan—suggested provisions. | HUD | The following are not required to be included in the State plan, but they are urged as necessary to provide full consumer protection and assurances of manufactured home safety: (a) Provision for monitoring of retailers' lots within the State for transit damage, seal tampering, and retailer performance generally, (b) Provision of approvals of all alterations made to certified manufactured homes by retailer in the State. Under this program, the State would assure that alterations did not result in the failure of the manufactured home to comply with the standards. (c) Provision for monitoring of the installation of manufactured homes set up in the State to assure that the homes are properly installed and, where necessary, tied down, (d) Provision for inspection of used manufactured homes and requirements under State authority that used manufactured homes meet a minimal level of safety and durability at the time of sale, and, (e) Provision for regulation of manufactured home transportation over the road to the extent that such regulation is not preempted by Federal authority. | |||||
| 24:24:5.1.2.1.3.7.1.4 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | G | Subpart G—State Administrative Agencies | § 3282.304 Inadequate State plan. | HUD | If the Secretary determines that a State plan submitted under this subpart is not adequate, the designated State agency shall be informed of the additions and corrections required for approval. A revised State plan shall be submitted within 30 days of receipt of such determination. If the revised State plan is inadequate or if the State fails to resubmit within the 30 day period or otherwise indicates that it does not intend to change its State plan as submitted, the Secretary shall notify the designated State agency that the State plan is not approved and that it has a right to a hearing on the disapproval in accordance with subpart D of this part. | |||||
| 24:24:5.1.2.1.3.7.1.5 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | G | Subpart G—State Administrative Agencies | § 3282.305 State plan approval. | HUD | The Secretary's approval or conditional approval of a State plan Application shall qualify that State to perform the functions for which it has been approved. | |||||
| 24:24:5.1.2.1.3.7.1.6 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | G | Subpart G—State Administrative Agencies | § 3282.306 Withdrawal of State approval. | HUD | The Secretary shall, on the basis of reports submitted by the State, and on the basis of HUD monitoring, make a continuing evaluation of the manner in which each State is carrying out its State plan and shall submit the reports of such evaluation to the appropriate committees of the Congress. Whenever the Secretary finds, after affording due notice and opportunity for a hearing in accordance with subpart D of this part, that in the administration of the State program there is a failure to comply substantially with any provision of the State plan or that the State plan has become inadequate, the Secretary shall notify the State of withdrawal of approval or conditional approval of the State program. The State program shall cease to be in effect at such time as the Secretary may establish. | |||||
| 24:24:5.1.2.1.3.7.1.7 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | G | Subpart G—State Administrative Agencies | § 3282.307 Monitoring inspection fee establishment and distribution. | HUD | [50 FR 28398, July 12, 1985, as amended at 56 FR 65186, Dec. 16, 1991; 85 FR 71834, Nov. 12, 2020] | (a) Each approved State shall establish a monitoring inspection fee in an amount required by the Secretary. This fee shall be an amount paid by each manufactured home manufacturer in the State for each transportable section of each manufactured housing unit produced by the manufacturer in that State. In non-approved and conditionally-approved States, the fee shall be set by the Secretary. (b) The monitoring inspection fee shall be paid by the manufacturer to the Secretary or to the Secretary's Agent, who shall distribute a portion of the fees collected from all manufactured home manufacturers among the approved and conditionally-approved States in accordance with an agreement between the Secretary and the States and based upon the following formula subject to the availability of appropriations: (1) $9.00 of the monitoring inspection fee collected for each transportable section of each new manufactured housing unit that is first located on the premises of a retailer, distributor, or purchaser in that State; plus (2) $14.00 of the monitoring inspection fee collected for each transportable section of each new manufactured housing unit produced in a manufacturing plant in that State. (c) A portion of the monitoring inspection fee collected also shall be distributed by the Secretary or the Secretary's Agent based on the extent of participation of the State in the Joint Team Monitoring Program set out in § 3282.308. (d) To assure that a State devotes adequate funds to carry out its State Plan, a State may impose an additional reasonable inspection fee to offset expenses incurred by that State in conducting inspections. Such fee shall not exceed that amount which is the difference between the amount of funds distributed to the State as provided in paragraph (b) of this section and the amount necessary to cover the costs of inspections. Such fee shall be part of the State Plan pursuant to § 3282.302(b) (11) and (12) and shall be subject to the approval of the Secretary pursuant to § 3282.305. (e) The Secretary may … | ||||
| 24:24:5.1.2.1.3.7.1.8 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | G | Subpart G—State Administrative Agencies | § 3282.308 State participation in monitoring of primary inspection agencies. | HUD | (a) An SAA may provide personnel to participate in joint team monitoring of primary inspection agencies as set out in subpart J. If an SAA wishes to do so, it must include in its State plan a list of what personnel would be supplied for the teams, their qualifications, and how many person-years the State would supply. All personnel will be subject to approval by the Secretary or the Secretary's agent. A person-year is 2,080 hours of work. (b) If an SAA wishes to monitor the performance of primary inspection agencies acting within the State, it must include in its State plan a description of how extensively, how often, and by whom this will be carried out. This monitoring shall be coordinated by the Secretary, or the Secretary's agent with monitoring carried out by joint monitoring teams, and in no event shall an SAA provide monitoring where the State is also acting as a primary inspection agency. | |||||
| 24:24:5.1.2.1.3.7.1.9 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | G | Subpart G—State Administrative Agencies | § 3282.309 Formal and informal presentations of views held by SAAs. | HUD | [41 FR 19852, May 13, 1976, as amended at 51 FR 34468, Sept. 29, 1986; 78 FR 60199, Oct. 1, 2013] | (a) When an SAA is the appropriate agency to hold a Formal or Informal Presentation of Views under § 3282.412 of subpart I, the SAA shall follow the procedures set out in §§ 3282.152 and 3282.153, with the SAA acting as the Secretary otherwise would under that section. Where § 3282.152 requires publication of notice in the Federal Register, the SAA shall, to the maximum extent possible, provide equivalent notice throughout the State by publication in the newspaper or newspapers having statewide coverage or otherwise. The determination of whether to provide an Informal Presentation of Views under § 3282.152(f), or a Formal Presentation of Views under § 3282.152(g), is left to the SAA. (b) Notwithstanding the provisions of § 3282.152(f)(2) and (g)(2) relating to the conclusive effect of a final determination, any party, in a proceeding held at an SAA under this section, including specifically the owners of affected manufactured homes, States in which affected manufactured homes are located, consumer groups representing affected owners and manufacturers (but limited to parties with similar substantial interest) may appeal to the Secretary in writing any Final Determination by an SAA which is adverse to the interest of that party. This appeal on the record shall be made within 30 days of the date on which the Final Determination was made by the SAA. | ||||
| 24:24:5.1.2.1.3.8.1.1 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.351 General. | HUD | (a) This subpart sets out the requirements which must be met by States or private organizations which wish to qualify as primary inspection agencies under these regulations. It also sets out the various functions which will be carried out by primary inspection agencies. (b) There are four basic functions which are performed by primary inspection agencies: (1) Approval of the manufacturer's manufactured home design to assure that it is in compliance with the standard; (2) Approval of the manufacturer's quality control program to assure that it is compatible with the design; (3) Approval of the manufacturer's plant facility and manufacturing process to assure that the manufacturer can perform its approved quality control program and can produce manufactured homes in conformance with its approved design, and (4) Performance of ongoing inspections of the manufacturing process in each manufacturing plant to assure that the manufacturer is continuing to perform its approved quality control program and, with respect to those aspects of manufactured homes inspected, is continuing to produce manufactured homes in performance with its approved designs and in conformance with the standards (see § 3282.362(c)(1)). (c) There are two types of primary inspection agencies which perform these functions: (1) Those which approve designs and quality control programs (Design Approval Primary Inspection Agencies—DAPIAs) and (2) Those which approve plants and perform ongoing inspections in the manufacturing plants (Production Inspection Primary Inspection Agencies—IPIAs). (d) States and private organizations whose submissions under this subpart are acceptable shall be granted provisional acceptance. Final acceptance shall be conditioned upon adequate performance, which will be determined through monitoring of the actions of the primary inspection agencies. Monitoring of all primary inspection agencies shall be carried out as set out in subpart J. HUD accepted agencies can perform DAPIA functions for any manufacturer in any Sta… | |||||
| 24:24:5.1.2.1.3.8.1.10 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.360 PIA acceptance of product certification programs or listings. | HUD | In determining whether products to be included in a manufactured home are acceptable under the standards set out in part 3280 of 24 CFR, all PIAs shall accept all product verification programs, labelings, and listings unless the PIA has reason to believe that a particular certification is not acceptable, in which case, the PIA shall so inform the Secretary and provide the Secretary with full documentation and information on which it bases its belief. Pending a determination by the Secretary, the PIA shall provisionally accept the certification. The Secretary's determination shall be binding on all PIAs. | |||||
| 24:24:5.1.2.1.3.8.1.11 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.361 Design Approval Primary Inspection Agency (DAPIA). | HUD | [41 FR 19852, May 13, 1976, as amended at 61 FR 10861, Mar. 15, 1996; 80 FR 53727, Sept. 8, 2015] | (a) General. (1) The DAPIA selected by a manufacturer under § 3282.203 shall be responsible for evaluating all manufactured home designs submitted to it by the manufacturer and for assuring that they conform to the standards. It shall also be responsible for evaluating all quality control programs submitted to it by the manufacturer by reviewing the quality assurance manuals in which the programs are set out to assure that the manuals reflect programs which are compatible with the designs to be followed and which commit the manufacturer to make adequate inspections and tests of every part of every manufactured home produced. (2) A design or quality assurance manual approved by a DAPIA shall be accepted by all IPIAs acting under § 3282.362 who deal with the design, quality assurance manual, or manufactured homes built to them, and by all other parties, as, respectively, being in conformance with the Federal standards or as providing for adequate quality control to assure conformance. However, each design and quality assurance manual is subject to review and verification by the Secretary or the Secretary's agent at any time. (b) Designs. (1) In evaluating designs for compliance with the standards, the DAPIA will not allow any deviations from accepted engineering practice standards for design calculations or any deviations from accepted test standards, except that the DAPIA, for good cause, may request the Secretary to accept innovations which are not yet accepted practices. Acceptances by the Secretary shall be published in the form of interpretative bulletins, where appropriate. (2) The DAPIA shall require the manufacturer to submit floor plans and specific information for each manufactured home design or variation which the DAPIA is to evaluate. It shall also require the submission of drawings, specifications, calculations, and test records of the structural, electrical and mechanical systems of each such manufactured home design or variation. The manufacturer need not supply duplicate information where sy… | ||||
| 24:24:5.1.2.1.3.8.1.12 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.362 Production Inspection Primary Inspection Agencies (IPIAs). | HUD | [41 FR 19852, May 13, 1976, as amended at 42 FR 2580, Jan. 12, 1977; 42 FR 35157, July 8, 1977; 59 FR 2474, Jan. 14, 1994; 61 FR 10861, Mar. 15, 1996; 80 FR 53727, Sept. 8, 2015] | (a) General —(1) IPIA responsibilities. An IPIA selected by a manufacturer under § 3282.204 to act in a particular manufacturing plant shall be responsible for assuring: (i) That the plant is capable of following the quality control procedures set out in the quality assurance manual to be followed in that plant; (ii) That the plant continues to follow the quality assurance manual; (iii) That any part of any manufactured home that it actually inspects conforms with the design, or where the design is not specific with respect to an aspect of the standards, to the standards; (iv) That whenever it finds a manufactured home in production which fails to conform to the design or where the design is not specific, to the standards, the failure to conform is corrected before the manufactured home leaves the manufacturing plant; and (v) That if a failure to conform to the design, or where the design is not specific, to the standards, is found in one manufactured home, all other homes still in the plant which the IPIA's records or the records of the manufacturer indicate might not conform to the design or to standards are inspected and, if necessary, brought up to the standards before they leave the plant. (2) No more than one IPIA shall operate in any one manufacturing plant, except that where a manufacturer decides to change from one IPIA to another, the two may operate in the plant simultaneously for a limited period of time to the extent necessary to assure a smooth transition. (b) Plant approval. (1) Each IPIA shall, with respect to each manufacturing plant for which it is responsible, evaluate the quality control procedures being followed by the manufacturer in the plant to determine whether those procedures are consistent with and fulfill the procedures set out in the DAPIA approved quality assurance manual being followed in the plant. As part of this evaluation, and prior to the issuance of any labels to the manufacturer, the IPIA shall make a complete inspection of the manufacture of at least one manufac… | ||||
| 24:24:5.1.2.1.3.8.1.13 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.363 Right of entry and inspection. | HUD | Each primary inspection agency shall secure from each manufacturer and manufacturing plant under its surveillance an agreement that the Secretary, the State Administrative Agency and the primary inspection agency have the right to inspect the plant and its manufactured home inspection, labeling, and delivery records, and any of its manufactured homes in the hands of retailers or distributors at any reasonable time. | |||||
| 24:24:5.1.2.1.3.8.1.14 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.364 Inspection responsibilities and coordination. | HUD | All primary inspection agencies shall be responsible for acting as necessary under their contractual commitment with the manufacturer to determine whether alleged failures to conform to the standards may exist in manufactured homes produced under their surveillance and to determine the source of the problems. The DAPIA may be required to examine the designs in question or the quality assurance manual under which the manufactured homes were produced. The IPIA may be required to reexamine the quality control procedures which it has approved to determine if they conform to the quality assurance manual, and the IPIA shall have primary responsibility for inspecting actual units produced and, where necessary, for inspecting units released by the manufacturer. All primary inspection agencies acting with respect to particular manufacturer or plant shall act in close coordination so that all necessary functions are performed effectively and efficiently. | |||||
| 24:24:5.1.2.1.3.8.1.15 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.365 Forwarding monitoring fee. | HUD | The IPIA shall, whenever it provides labels to a manufacturer, obtain from the manufacturer the monitoring fee to be forwarded to the Secretary or the Secretary's agent as set out in § 3282.210. If a manufacturer fails to provide the monitoring fee as required by § 3282.210 to be forwarded by the IPIA under this section, the IPIA shall immediately inform the Secretary; or the Secretary's Agent. | |||||
| 24:24:5.1.2.1.3.8.1.16 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.366 Notification and correction campaign responsibilities. | HUD | [78 FR 60200, Oct. 1, 2013] | (a) Both IPIAs and DAPIAs are responsible for assisting the Secretary or an SAA in identifying the class of manufactured homes that may have been affected where the Secretary or an SAA makes or is contemplating making a preliminary determination of imminent safety hazard, serious defect, defect, or noncompliance under § 3282.412 with respect to manufactured homes for which the IPIA and DAPIA provided either plant inspection or design approval services. (b) The IPIA must in each manufacturing plant review at least monthly the manufacturer's service and inspection records to verify if appropriate determinations are being made by the manufacturer under § 3282.404 and, if not, take the actions required by this section and § 3282.404. (c) The IPIA in each manufacturing plant is also responsible for reviewing manufacturer determinations of the class of manufactured homes affected when the manufacturer is acting under subpart I. The IPIA must concur in the method used to determine the class of potentially affected manufactured homes or is to state why it finds the method to be inappropriate, inadequate, or incorrect. | ||||
| 24:24:5.1.2.1.3.8.1.2 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.352 State exclusive IPIA functions. | HUD | [61 FR 10861, Mar. 15, 1996] | (a) Any State which has an approved State Administrative Agency may, if accepted as an IPIA, act as the exclusive IPIA within the State. A State which acts as an IPIA but is not approved as an SAA may not act as the exclusive IPIA in the State. A State which acts as an exclusive IPIA shall be staffed to provide IPIA services to all manufacturers within the state and may not charge unreasonable fees for those services. (b) States which wish to act as exclusive IPIAs shall apply for approval to do so in their State plan applications. They shall specify the fees they will charge for IPIA services and shall submit proposed fee revisions to the Secretary prior to instituting any change in fees. If at any time the Secretary finds that those fees are not commensurate with the fees generally being charged for similar services, the Secretary will withhold or revoke approval to act as an exclusive IPIA. States acting as DAPIAs and also as exclusive IPIAs shall establish separate fees for the two functions and shall specify what additional services (such as approval of design changes and full time inspections) these fees cover. As provided in § 3282.302(b)(11), each State shall submit fee schedules for its activities and, where appropriate, the fees presently charged for DAPIA and IPIA services, and any fees charged for DAPIA and IPIA services during the preceding two calendar years. (c) A State's status as an exclusive IPIA shall commence upon approval of the State Plan Application and acceptance of the State's submission under § 3282.355. Where a private organization accepted or provisionally accepted as an IPIA under this subpart H is operating in a manufacturing plant within the State on the date the State's status as an exclusive IPIA commences, the private organization may provide IPIA services in that plant for 90 days after that date. | ||||
| 24:24:5.1.2.1.3.8.1.3 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.353 Submission format. | HUD | [41 FR 19852, May 13, 1976, as amended at 61 FR 10861, Mar. 15, 1996; 78 FR 60199, Oct. 1, 2013] | States and private organizations that wish to act as primary inspection agencies shall submit to the Administrator, Office of Manufactured Housing Programs, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, an application that includes the following: (a) A cover sheet which shall show the following: (1) Name and address of the party making the application; (2) The capacity (DAPIA, IPIA) in which the party wishes to be approved to act; (3) A list of the key personnel who will perform the various functions required under these regulations; (4) The number of manufactured home manufacturers and manufacturing plants for which the submitting party proposes to act in each of the capacities for which it wishes to be approved to act; (5) The estimated total number of manufactured homes produced by those manufacturers and in those plants per year; (6) The number of years the proposed primary inspection agency has been actively engaged in the enforcement of manufactured home standards; and (7) A certification by the party applying that it will follow the Federal manufactured home construction and safety standards set out at 24 CFR part 3280 and any interpretations of those standards which may be made by the Secretary. (b) A detailed schedule of fees to be charged broken down by the services for which they will be charged. (c) A detailed description of how the submitting party intends to carry out all of the functions for which it wishes to be approved under this subpart, with appropriate cross-references to sections of this subpart, including examples and complete descriptions of all reports, tests, and evaluations which the party would be required to make. Where appropriate, later sections of this subpart identify particular items which must be included in the submission. The Secretary may request further detailed information, when appropriate. (d) A party wishing to be approved as a DAPIA shall submit a copy of a manufactured home design that it has approv… | ||||
| 24:24:5.1.2.1.3.8.1.4 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.354 Submittal of false information or refusal to submit information. | HUD | The submittal of false information or the refusal to submit information required under this subpart may be sufficient cause for the Secretary to revoke or withhold acceptance. | |||||
| 24:24:5.1.2.1.3.8.1.5 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.355 Submission acceptance. | HUD | [41 FR 19852, May 13, 1976, as amended at 51 FR 34468, Sept. 29, 1986; 61 FR 10861, Mar. 15, 1996] | (a) A party whose submission is determined by the Department to be adequate shall be granted provisional acceptance until December 15, 1976, or for a six month period from the date of such determination, whichever is later. (b) Final acceptance of a party to act as a primary inspection agency will be contingent upon adequate performance during the period of provisional acceptance as determined through monitoring carried out under subpart J and upon satisfactory acceptance under § 3282.361(e) or § 3282.362(e). Final acceptance shall be withheld if performance is inadequate. (c) Continued acceptance as a primary inspection agency shall be contingent upon continued adequacy of performance as determined through monitoring carried out under subpart J. If the Secretary determines that a primary inspection agency that has been granted final acceptance is performing inadequately, the Secretary shall suspend the acceptance, and the primary inspection agency shall be entitled to a Formal or Informal Presentation of Views as set out in subpart D of this part. | ||||
| 24:24:5.1.2.1.3.8.1.6 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.356 Disqualification and requalification of primary inspection agencies. | HUD | [41 FR 19852, May 13, 1976, as amended at 45 FR 59311, Sept. 9, 1980; 51 FR 34468, Sept. 29, 1986] | (a) The Secretary, based on monitoring reports or on other reliable information, may determine that a primary inspection agency which has been accepted under this subpart is not adequately carrying out one or more of its required functions. In so determining, the Secretary shall consider the impact of disqualification on manufacturers and other affected parties and shall seek to assure that the manufacturing process is not disrupted unnecessarily. Whenever the Secretary disqualifies a primary inspection agency under this section, the primary inspection agency shall have a right to a Formal or Informal Presentation of Views under subpart D of this part. (b) Interested persons may petition the Secretary to disqualify a primary inspection agency under the provisions of § 3282.156(b). (c) A primary inspection agency which has been disqualified under paragraph (a) may resubmit an application under § 3282.353. The submission shall include a full explanation of how problems or inadequacies which resulted in disqualifications have been rectified and how the primary inspection agency shall assure that such problems shall not recur. (d) When appropriate, the Secretary shall publish in the Federal Register or otherwise make available to the public for comment a disqualified PIA's application for requalification, subject to the provisions of § 3282.54. (e) Both provisional and final acceptance of any IPIA (or DAPIA) automatically expires at the end of any period of one year during which it has not acted as an IPIA (or DAPIA). An IPIA (or DAPIA) has not acted as such unless it has actively performed its services as an IPIA (or DAPIA) for at least one manufacturer by which it has been selected. An IPIA (or DAPIA) whose acceptance has expired pursuant to this section may resubmit an application under § 3282.353 in order to again be qualified as an IPIA (or DAPIA), when it can show a bona fide prospect of performing IPIA (or DAPIA) services. | ||||
| 24:24:5.1.2.1.3.8.1.7 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.357 Background and experience. | HUD | All private organizations shall submit statements of the organizations' experience in the housing industry, including a list of housing products, equipment, and structures for which evaluation, testing and follow-up inspection services have been furnished. They shall also submit statements regarding the length of time these services have been provided by them. In addition, all such submissions shall include a list of other products for which the submitting party provides evaluation, inspection, and listing or labeling services and the standard applied to each product, as well as the length of time it has provided these additional services. | |||||
| 24:24:5.1.2.1.3.8.1.8 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.358 Personnel. | HUD | (a) Each primary inspection agency shall have qualified personnel capable of carrying out all of the functions for which the primary inspection agency is seeking to be approved or disapproved. Where a State intends to act as the exclusive IPIA in the State, it shall show that it has adequate personnel to so act in all plants in the State. (b) Each submission shall indicate the total number of personnel employed by the submitting party, the number of personnel available for this program, and the locations of the activities of the personnel to be used in the program. (c) Each submission shall include the names and qualifications of the administrator and the supervisor who will be directly responsible for the program, and résumés of their experience. (d) Each submission shall contain the information set out in paragraphs (d)(1) through (d)(9) of this section. Depending upon the functions (DAPIA or IPIA) to be undertaken by a particular primary inspection agency, some of the categories of personnel listed may not be required. In such cases, the submission should indicate which of the categories of information are not required and explain why they are not needed. The submission should identify which personnel will carry out each of the functions the party plans to perform. The qualifications of the personnel to perform one or more of the functions will be judged in accordance with the requirements of ASTM Standard E-541 except that the requirement for registration as a professional engineer or architect may be waived for personnel whose qualifications by experience or education equal those of a registered engineer or architect. The categories of personnel to be included in the submission are as follows: (1) The names of engineers practicing structural engineering who will be involved in the evaluation, testing, or followup inspection services, and résumés of their experience. (2) The names of engineers practicing mechanical engineering who will be involved in the evaluation, testing, or followup, inspection servi… | |||||
| 24:24:5.1.2.1.3.8.1.9 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | H | Subpart H—Primary Inspection Agencies | § 3282.359 Conflict of interest. | HUD | (a) All submissions by private organizations shall include a statement that the submitting party is independent in that it does not have any actual or potential conflict of interest and is not affiliated with or influenced or controlled by any producer, supplier, or vendor of products in any manner which might affect its capacity to render reports of findings objectively and without bias. (b) A private organization shall be judged to be free of conflicting affiliation, influence, and control if it demonstrates compliance with all of the following criteria: (1) It has no managerial affiliation with any producer, supplier, or vendor of products for which it performs PIA services, and is not engaged in the sale or promotion of any such product or material; (2) The results of its work do not accrue financial benefits to the organization via stock ownership of any producer, supplier or vendor of the products involved; (3) Its directors and other management personnel and its engineers and inspectors involved in certification activities hold no stock in and receive no stock option or other benefits, financial, or otherwise, from any producer, supplier, or vendor of the product involved, other than compensation under § 3282.202 of this part; (4) The employment security status of its personnel is free of influence or control of any producer, supplier, or vendor, and (5) It does not perform design or quality assurance manual approval services for any manufacturer whose design or manual has been created or prepared in whole or in part by engineers of its organization or engineers of any affiliated organization. (c) All submissions by States shall include a statement that personnel who will be in any way involved in carrying out the State plan or PIA function are free of any conflict of interest except that with respect to members of councils, committees or similar bodies providing advice to the designated agency are not subject to this requirement. | |||||
| 24:24:5.1.2.1.3.9.1.1 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | I | Subpart I—Consumer Complaint Handling and Remedial Actions | § 3282.401 Purpose and scope. | HUD | (a) Purpose. The purpose of this subpart is to establish a system of protections provided by the Act with respect to imminent safety hazards and failures to conform to the construction and safety standards with a minimum of formality and delay, while protecting the rights of all parties. (b) Scope. This subpart sets out the procedures to be followed by manufacturers, retailers, and distributors, SAAs, primary inspection agencies, and the Secretary to assure that notification and correction are provided with respect to manufactured homes when required under this subpart. Notification and correction may be required with respect to manufactured homes that have been sold or otherwise released by the manufacturer to another party. | |||||
| 24:24:5.1.2.1.3.9.1.10 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | I | Subpart I—Consumer Complaint Handling and Remedial Actions | § 3282.410 Implementation of plan. | HUD | (a) Deadline for notifications. (1) The manufacturer must complete the notifications carried out under a plan approved by an SAA or the Secretary under § 3282.408 on or before the deadline approved by the SAA or Secretary. In approving each deadline, an SAA or the Secretary will allow a reasonable time to complete all notifications, taking into account the number of manufactured homes involved and the difficulty of completing the notifications. (2) The manufacturer must, at the time of dispatch, furnish to the SAA or the Secretary a true or representative copy of each notice, bulletin, and other written communication sent to retailers, distributors, or owners of manufactured homes regarding any serious defect or imminent safety hazard that may exist in any homes produced by the manufacturer, or regarding any noncompliance or defect for which the SAA or Secretary requires, under § 3282.413(c), the manufacturer to submit a plan for providing notification. (b) Deadline for corrections. A manufacturer that is required to correct a serious defect or imminent safety hazard pursuant to § 3282.406(b) must complete implementation of the plan required by § 3282.408 on or before the deadline approved by the SAA or the Secretary. The deadline must be no later than 60 days after approval of the plan. In approving the deadline, the SAA or the Secretary will allow a reasonable amount of time to complete the plan, taking into account the seriousness of the problem, the number of manufactured homes involved, the immediacy of any risk, and the difficulty of completing the action. The seriousness and immediacy of any risk posed by the serious defect or imminent safety hazard will be given greater weight than other considerations. (c) Extensions. An SAA that approved a plan or the Secretary may grant an extension of the deadlines included in a plan, if the manufacturer requests such an extension in writing and shows good cause for the extension, if the SAA or the Secretary decides that the extension is justified and not con… | |||||
| 24:24:5.1.2.1.3.9.1.11 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | I | Subpart I—Consumer Complaint Handling and Remedial Actions | § 3282.411 SAA initiation of remedial action. | HUD | (a) SAA review of information. Whenever an SAA has information indicating the possible existence of a noncompliance, defect, serious defect, or imminent safety hazard in a manufactured home, the SAA may initiate administrative review of the need for notification and correction. An SAA initiates administrative review by either: (1) Referring the matter to another SAA in accordance with paragraph (b) of this section or to the Secretary; or (2) Taking action itself, in accordance with § 3282.412, when it appears that all of the homes affected by the noncompliance, defect, serious defect, or imminent safety hazard were manufactured in the SAA's State. (b) SAA referral of matter. If at any time it appears that the affected manufactured homes were manufactured in more than one State, an SAA that decides to initiate such administrative review must refer the matter to the Secretary for possible action pursuant to § 3282.412. If it appears that all of the affected manufactured homes were manufactured in another State, an SAA that decides to initiate administrative review must refer the matter to the SAA in the State of manufacture or to the Secretary, for possible action pursuant to § 3282.412. | |||||
| 24:24:5.1.2.1.3.9.1.12 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | I | Subpart I—Consumer Complaint Handling and Remedial Actions | § 3282.412 Preliminary and final administrative determinations. | HUD | (a) Grounds for issuance of preliminary determination. The Secretary or, in accordance with § 3282.411, an SAA in the State of manufacture, may issue a Notice of Preliminary Determination when: (1) The manufacturer has not provided to the Secretary or SAA the necessary information to make a determination that: (i) A noncompliance, defect, serious defect, or imminent safety hazard possibly exists; or (ii) A manufacturer had information that likely indicates a noncompliance, defect, serious defect, or imminent safety hazard for which the manufacturer failed to make the determinations required under § 3282.404; (2) The Secretary or SAA has information that indicates a noncompliance, defect, serious defect, or imminent safety hazard possibly exists, and, in the case of the SAA, the SAA believes that: (i) The affected manufactured home has been sold or otherwise released by a manufacturer to a retailer or distributor, but there is no completed sale of the home to a purchaser; (ii) Based on the same factors that are established for a manufacturer's class determination in § 3282.404(b), the information indicates a class of homes in which a noncompliance or defect possibly exists; or (iii) The information indicates one or more homes in which a serious defect or an imminent safety hazard possibly exists; (3) The Secretary or SAA is reviewing a plan under § 3282.408 and the Secretary or SAA disagree with the manufacturer on proposed changes to the plan; (4) The Secretary or SAA believes that the manufacturer has failed to fulfill the requirements of a waiver granted under § 3282.407(c); or (5) There is information that a manufacturer failed to make the determinations required under § 3282.404. (b) Additional requirements—SAA issuance. (1) An SAA that receives information that indicates a serious defect or an imminent safety hazard possibly exists in a home manufactured in that SAA's State must notify the Secretary about that information. (2) An SAA that issues a preliminary determination must provide a copy… | |||||
| 24:24:5.1.2.1.3.9.1.13 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | I | Subpart I—Consumer Complaint Handling and Remedial Actions | § 3282.413 Implementation of Final Determination. | HUD | (a) Issuance of orders. (1) The SAA or the Secretary, as appropriate, must issue an order directing the manufacturer to furnish notification if: (i) The SAA makes a Final Determination that a defect or noncompliance exists in a class of homes; (ii) The Secretary makes a Final Determination that an imminent safety hazard, serious defect, defect, or noncompliance exists; or (iii) The SAA makes a Final Determination that an imminent safety hazard or a serious defect exists in any home, and the SAA has received the Secretary's concurrence on the issuance of the Final Determination and order. (2) The SAA or the Secretary, as appropriate, must issue an order directing the manufacturer to make corrections in any affected manufactured home if: (i) The SAA or the Secretary makes a Final Determination that a defect or noncompliance exists in a manufactured home that has been sold or otherwise released by a manufacturer to a retailer or distributor but for which the sale to a purchaser has not been completed; (ii) The Secretary makes a Final Determination that an imminent safety hazard or serious defect exists; or (iii) The SAA makes a Final Determination that an imminent safety hazard or serious defect exists in any home, and the SAA has received the Secretary's concurrence on the issuance of the Final Determination and order. (3) Only the Secretary may issue an order directing a manufacturer to repurchase or replace any manufactured home already sold to a purchaser, unless the Secretary authorizes an SAA to issue such an order. (4) An SAA that has a concurrence or authorization from the Secretary on any order issued under this section must have the Secretary's concurrence on any subsequent changes to the order. An SAA that has issued a Preliminary Determination must have the Secretary's concurrence on any waiver of notification or any settlement when the concerns addressed in the Preliminary Determination involve a serious defect or an imminent safety hazard. (5) If an SAA or the Secretary makes a Final Determ… | |||||
| 24:24:5.1.2.1.3.9.1.14 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | I | Subpart I—Consumer Complaint Handling and Remedial Actions | § 3282.414 Replacement or repurchase of homes after sale to purchaser. | HUD | (a) Order to replace or repurchase. Whenever a manufacturer cannot correct or remove an imminent safety hazard or a serious defect in a manufactured home, for which there is a completed sale to a purchaser, within 60 days of the issuance of an order under § 3282.413 or any extension of the 60-day deadline that has been granted by the Secretary in accordance with § 3282.413(c)(3), the Secretary or, if authorized in writing by the Secretary in accordance with § 3282.413(a)(3), the SAA may require that the manufacturer: (1) Replace the manufactured home with a home that: (i) Is substantially equal in size, equipment, and quality; and (ii) Either is new or is in the same condition that the defective manufactured home would have been in at the time of discovery of the imminent safety hazard or serious defect had the imminent safety hazard or serious defect not existed; or (2) Take possession of the manufactured home, if the Secretary or the SAA so orders, and refund the purchase price in full, except that the amount of the purchase price may be reduced by a reasonable amount for depreciation if the home has been in the possession of the owner for more than one year and the amount of depreciation is based on: (i) Actual use of the home; and (ii) An appraisal system approved by the Secretary or the SAA that does not take into account damage or deterioration resulting from the imminent safety hazard or serious defect. (b) Factors affecting order. In determining whether to order replacement or refund by the manufacturer, the Secretary or the SAA will consider: (1) The threat of injury or death to manufactured home occupants; (2) Any costs and inconvenience to manufactured-home owners that will result from the lack of adequate repair within the specified period; (3) The expense to the manufacturer; (4) Any obligations imposed on the manufacturer under contract, or other applicable law of which the Secretary or the SAA has knowledge; and (5) Any other relevant factors that may be brought to the attention of … | |||||
| 24:24:5.1.2.1.3.9.1.15 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | I | Subpart I—Consumer Complaint Handling and Remedial Actions | § 3282.415 Correction of homes before sale to purchaser. | HUD | (a) Sale or lease prohibited. Manufacturers, retailers, and distributors must not sell, lease, or offer for sale or lease any manufactured home that they have reason to know, in the exercise of due care, contains a noncompliance, defect, serious defect, or imminent safety hazard. The sale of a home to a purchaser is complete when all contractual obligations of the manufacturer, retailer, and distributor to the purchaser and conditions specified in § 3282.252 have been met. (b) Retailer/distributor notification to manufacturer. When a retailer, acting as a reasonable retailer, or a distributor, acting as a reasonable distributor, believes that a manufactured home that has been sold to the retailer or distributor, but for which there is no completed sale to a purchaser, likely contains a noncompliance, defect, serious defect, or imminent safety hazard, the retailer or distributor must notify the manufacturer of the home in a timely manner. (c) Manufacturer's remedial responsibilities. Upon a Final Determination pursuant to § 3282.412(f) by the Secretary or an SAA, a determination by a court of appropriate jurisdiction, or a manufacturer's own determination that a manufactured home that has been sold to a retailer but for which there is no completed sale to a purchaser contains a noncompliance, defect, serious defect, or imminent safety hazard, the manufacturer must do one of the following: (1) Immediately repurchase such manufactured home from the retailer or distributor at the price paid by the retailer or distributor, plus pay all transportation charges involved, if any, and a reasonable reimbursement of not less than one percent per month of such price paid, prorated from the date the manufacturer receives notice by certified mail of the noncompliance, defect, serious defect, or imminent safety hazard; or (2) At its expense, immediately furnish to the retailer or distributor all required parts or equipment for installation in the home by the retailer or distributor, and the manufacturer must reimburse … | |||||
| 24:24:5.1.2.1.3.9.1.16 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | I | Subpart I—Consumer Complaint Handling and Remedial Actions | § 3282.416 Oversight of notification and correction activities. | HUD | (a) IPIA responsibilities. The IPIA in each manufacturing plant must: (1) Assure that notifications required under this subpart I are sent to all owners, purchasers, retailers, and distributors of whom the manufacturer has knowledge; (2) Audit the certificates required by § 3282.417 to assure that the manufacturer has made required corrections; (3) Whenever a manufacturer is required to determine a class of homes pursuant to § 3282.404(b), provide either: (i) The IPIA's written concurrence on the methods used by the manufacturer to identify the homes that should be included in the class of homes; or (ii) The IPIA's written statement explaining why it believes the manufacturer's methods for determining the class of homes were inappropriate or inadequate; and (4) Conduct, at least monthly, a review the manufacturer's service records of determinations under § 3282.404 and take appropriate action in accordance with §§ 3282.362(c) and 3282.364. (b) SAA and Secretary's responsibilities. (1) SAA oversight of manufacturer compliance with this subpart will be done primarily by periodically checking the records that manufacturers are required to keep under § 3282.417. (2) The SAA or Secretary to which the report required by § 3282.417(a) is sent is responsible for assuring, through oversight, that remedial actions have been carried out as described in the report. The SAA of the State in which an affected manufactured home is located may inspect that home to determine whether any correction required under this subpart I is carried out in accordance with the approved plan or, if there is no plan, with the construction and safety standards or other approval obtained by the manufacturer. | |||||
| 24:24:5.1.2.1.3.9.1.17 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | I | Subpart I—Consumer Complaint Handling and Remedial Actions | § 3282.417 Recordkeeping requirements. | HUD | (a) Manufacturer report on notifications and corrections. Within 30 days after the deadline for completing any notifications, corrections, replacement, or repurchase required pursuant to this subpart, the manufacturer must provide a complete report of the action taken to, as appropriate, the Secretary or the SAA that approved the plan under § 3282.408, granted a waiver, or issued the order under § 3282.413. If any other SAA or the Secretary forwarded the relevant consumer complaint or other information to the manufacturer in accordance with § 3282.403, the manufacturer must send a copy of the report to that SAA or the Secretary, as applicable. (b) Records of manufacturer's determinations. (1) A manufacturer must record each initial and class determination required under § 3282.404, in a manner approved by the Secretary or an SAA and that identifies who made each determination, what each determination was, and all bases for each determination. Such information must be available for review by the IPIA. (2) The manufacturer records must include: (i) The information it received that likely indicated a noncompliance, defect, serious defect, or imminent safety hazard; (ii) All of the manufacturer's determinations and each basis for those determinations; (iii) The methods used by the manufacturer to establish any class, including, when applicable, the cause of the defect, serious defect, or imminent safety hazard; and (iv) Any IPIA concurrence or statement that it does not concur with the manufacturer's class determination, in accordance with § 3282.404(b). (3) When the records that a manufacturer is required to keep in accordance with this paragraph (b) involve a class of manufactured homes that have the same noncompliance, defect, serious defect, or imminent safety hazard, the manufacturer has the option of meeting the requirements of this paragraph by establishing a class determination file, instead of including the same information in the file required by paragraph (e) of this section for each affected ho… | |||||
| 24:24:5.1.2.1.3.9.1.18 | 24 | Housing and Urban Development | XX | 3282 | PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS | I | Subpart I—Consumer Complaint Handling and Remedial Actions | § 3282.418 Factors for appropriateness and amount of civil penalties. | HUD | In determining whether to seek a civil penalty for a violation of the requirements of this subpart, and the amount of such penalty to be recommended, the Secretary will consider the provisions of the Act and the following factors: (a) The gravity of the violation; (b) The degree of the violator's culpability, including whether the violator had acted in good faith in trying to comply with the requirements; (c) The injury to the public; (d) Any injury to owners or occupants of manufactured homes (e) The ability to pay the penalty; (f) Any benefits received by the violator; (g) The extent of potential benefits to other persons; (h) Any history of prior violations; (i) Deterrence of future violations; and (j) Such other factors as justice may require. |
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