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Title 42, The Public Health and WelfareRelease 119-110

§5404 Manufactured Home Installation

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

Last updated Sep 22, 2026|Official source

Summary

Manufacturers must give each manufactured home a set of installation plans and instructions that a design-approval inspection agency has approved. Once federal model installation rules exist, those agencies cannot approve plans unless the plans are as protective as the model rules. A consensus committee has 18 months after it is fully formed to write proposed model installation rules that match approved home designs and manufacturers’ instructions and that consider the factors in section 5403(e). The Secretary then has 12 months to adopt final model rules after getting the proposal, also considering those factors, and must publish them after notice and a chance for public comment under section 553 of title 5. For five years starting December 27, 2000, no State or manufacturer may put in place standards that the Secretary finds are less protective than the rules in effect that day. After that five-year period, the Secretary must create an installation program and run it in any State whose laws do not meet the program’s requirements. Any approved installation program must use standards that are at least as protective as the Secretary’s model rules (or manufacturers’ instructions if those are equally protective), require installer training and licensing, and include inspections. The Secretary may hire a government agent to help run the program, but not a private contractor that has other contracts under this chapter.

Full Legal Text

Title 42, §5404

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

(a)Provision of installation design and instructions
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)Model manufactured home installation standards
(1)Proposed model standards
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)Establishment of model standards
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)Factors for consideration
(A)Consensus committee
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)Secretary
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)Issuance
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)Manufactured home installation programs
(1)Protection of manufactured housing residents during initial period
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)Installation standards
(A)Establishment of installation program
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)Implementation of installation program
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)Contracting out of implementation
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)Requirements
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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110