Title 42The Public Health and WelfareRelease 119-73

§5404 Manufactured home installation

Title 42 › Chapter CHAPTER 70— - MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS › § 5404

Last updated Apr 6, 2026|Official source

Summary

Manufacturers must give each manufactured home a set of installation designs and instructions that a design-approval primary inspection agency has approved. Once federal model installation standards are set, an approval agency cannot ok a design unless it gives at least as much protection as those model standards. Within 18 months after the consensus committee is fully appointed, that committee must send proposed model installation standards to the Secretary. The proposals should, as much as possible, match approved home designs and the manufacturers’ installation instructions. The Secretary must adopt final model standards within 12 months after getting the proposals and must allow public notice and comment first. For the five-year period starting on December 27, 2000, no State or manufacturer may put in place installation rules that the Secretary finds give less protection than the rules in effect on December 27, 2000. When that five-year period ends, the Secretary must set up an installation program for any State without an adequate program. The program must have standards that meet or exceed the model standards or approved manufacturer instructions, require installer training and licensing, and include installation inspections. The Secretary may hire a government agent to run the program, but not a private company or a contractor already running other regulatory programs under this law.

Full Legal Text

Title 42, §5404

The Public Health and Welfare — Source: USLM XML via OLRC

(a)A manufacturer shall provide with each manufactured home, design and instructions for the installation of the manufactured home that have been approved by a design approval primary inspection agency. After establishment of model standards under subsection (b)(2), a design approval primary inspection agency may not give such approval unless a design and instruction provides equal or greater protection than the protection provided under such model standards.
(b)(1)Not later than 18 months after the date on which the initial appointments of all the members of the consensus committee are completed, the consensus committee shall develop and submit to the Secretary proposed model manufactured home installation standards, which shall, to the maximum extent practicable, taking into account the factors described in section 5403(e) of this title, be consistent with—
(A)the manufactured home designs that have been approved by a design approval primary inspection agency; and
(B)the designs and instructions for the installation of manufactured homes provided by manufacturers under subsection (a).
(2)Not later than 12 months after receiving the proposed model standards submitted under paragraph (1), the Secretary shall develop and establish model manufactured home installation standards, which shall, to the maximum extent practicable, taking into account the factors described in section 5403(e) of this title, be consistent with—
(A)the manufactured home designs that have been approved by a design approval primary inspection agency; and
(B)the designs and instructions for the installation of manufactured homes provided by manufacturers under subsection (a).
(3)(A)In developing the proposed model standards under paragraph (1), the consensus committee shall consider the factors described in section 5403(e) of this title.
(B)In developing and establishing the model standards under paragraph (2), the Secretary shall consider the factors described in section 5403(e) of this title.
(4)The model manufactured home installation standards shall be issued after notice and an opportunity for public comment in accordance with section 553 of title 5.
(c)(1)During the 5-year period beginning on December 27, 2000, no State or manufacturer may establish or implement any installation standards that, in the determination of the Secretary, provide less protection to the residents of manufactured homes than the protection provided by the installation standards in effect with respect to the State or manufacturer, as applicable, on December 27, 2000.
(2)(A)Not later than the expiration of the 5-year period described in paragraph (1), the Secretary shall establish an installation program that meets the requirements of paragraph (3) for the enforcement of installation standards in each State described in subparagraph (B) of this paragraph.
(B)Beginning on the expiration of the 5-year period described in paragraph (1), the Secretary shall implement the installation program established under subparagraph (A) in each State that does not have an installation program established by State law that meets the requirements of paragraph (3).
(C)In carrying out subparagraph (B), the Secretary may contract with an appropriate agent to implement the installation program established under that subparagraph, except that such agent shall not be a person or entity other than a government, nor an affiliate or subsidiary of such a person or entity, that has entered into a contract with the Secretary to implement any other regulatory program under this chapter.
(3)An installation program meets the requirements of this paragraph if it is a program regulating the installation of manufactured homes that includes—
(A)installation standards that, in the determination of the Secretary, provide protection to the residents of manufactured homes that equals or exceeds the protection provided to those residents by—
(i)the model manufactured home installation standards established by the Secretary under subsection (b)(2); or
(ii)the designs and instructions provided by manufacturers under subsection (a), if the Secretary determines that such designs and instructions provide protection to the residents of manufactured homes that equals or exceeds the protection provided by the model manufactured home installation standards established by the Secretary under subsection (b)(2);
(B)the training and licensing of manufactured home installers; and
(C)inspection of the installation of manufactured homes.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Pub. L. 106–569 amended section catchline and text generally, substituting provisions relating to manufactured home installation for provisions relating to National Manufactured Home Advisory Council. 1980—Subsecs. (a) to (c). Pub. L. 96–399 substituted “Manufactured Home” for “Mobile Home” and “manufactured home” for “mobile home” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–569 effective Dec. 27, 2000, except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of Pub. L. 106–569, set out as a note under section 5401 of this title.

Effective Date

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

Reference

Citations & Metadata

Citation

42 U.S.C. § 5404

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73