[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10858-10864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6163]
[[Page 10857]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Parts 3282 and 3283
Federal Manufactured Housing Program; Streamlining; Final Rule
Federal Register / Vol. 61, No. 52 / Friday, March 15, 1996 / Rules
and Regulations
[[Page 10858]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 3282 and 3283
[Docket No. FR-4025-F-01]
RIN 2502-AG70
Office of the Assistant Secretary for Housing-Federal Housing
Commissioner; Federal Manufactured Housing Program; Streamlining Final
Rule
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends HUD's regulations for the program
operated under the National Manufactured Housing Construction and
Safety Standards Act of 1974. In an effort to comply with the
President's regulatory reform initiatives, this rule will streamline
the regulations in parts 3282 and 3283, concerning manufactured
housing, by eliminating provisions that are repetitive of statutes,
provide only guidance, or are otherwise unnecessary. This final rule
will make the program regulations clearer and more concise.
EFFECTIVE DATE: April 15, 1996.
FOR FURTHER INFORMATION CONTACT: David R. Williamson, Director, Office
of Consumer and Regulatory Affairs, Department of Housing and Urban
Development, L'Enfant Plaza North, Suite 3214, Washington, D.C.
(mailing address: Room B-133, HUD Building, Washington, D.C. 20410-
8000); telephone number: (202) 755-7420 (this is not a toll-free
number). For hearing- and speech-impaired persons, this number may be
accessed via TDD by calling the Federal Information Relay Service at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
On March 4, 1995, President Clinton issued a memorandum to all
Federal departments and agencies regarding regulatory reinvention. In
response to this memorandum, the Department of Housing and Urban
Development conducted a page-by-page review of its regulations to
determine which can be eliminated, consolidated, or otherwise improved.
HUD has determined that the regulations concerning manufactured housing
can be improved and streamlined by eliminating unnecessary provisions.
Several provisions in the regulations repeat statutory language
from the National Manufactured Housing Construction and Safety
Standards Act of 1974, 42 U.S.C. 5401 et seq. It is unnecessary to
maintain statutory requirements in the Code of Federal Regulations
(CFR), since those requirements are otherwise fully accessible and
binding. Furthermore, if regulations contain statutory language, HUD
must amend the regulations whenever Congress amends the statute.
Therefore, this final rule will remove repetitious statutory language
and replace it with a citation to the specific statutory section for
easy reference.
Other provisions in the regulations apply to more than one of the
Department's programs, and therefore these provisions had been repeated
in various program regulations. The Department has been consolidating
some of these repetitious provisions as part of its regulatory
reinvention efforts. Therefore, this final rule maintains only
appropriate cross-references to consolidated provisions, for the
reader's convenience.
Some provisions in the Manufactured Home Procedural and Enforcement
regulations (part 3282) are now obsolete. For instance, this rule
removes obsolete regulations regarding Transition Certifications in
subpart E. The Transition Certification applied to homes in production
when the Manufactured Home Construction and Safety Standards first went
into effect on June 15, 1976. Other subparts of the regulations contain
similar provisions relating to the start-up of the Federal program for
manufactured housing and are now also obsolete and unnecessary.
Therefore, HUD can remove the obsolete regulations in subpart E, as
well as other subparts.
Lastly, some provisions in the regulations are not regulatory
requirements. For example, 24 CFR part 3283 contains guidance or
explanations relating to the manufactured home consumer manual
requirements. Section 617 of the Act, 42 U.S.C. 5416, requires that the
Secretary develop guidelines for a consumer's manual to be provided to
manufactured home purchasers by the manufacturer. The Act further
provides that these manuals should identify and explain the purchasers'
responsibilities for operation, maintenance, and repair of their
manufactured homes. Except for the requirement that the manufacturer
provide a manual with each manufactured home produced, the guidance
provided in 24 CFR part 3283 is nonmandatory. While this information is
very helpful to recipients, HUD will more appropriately provide this
information through handbook guidance or other materials, rather than
maintain it in the CFR. Accordingly, the mandatory sections of part
3283 will be moved to part 3282 and Sec. 3282.207. The guidance
provided by part 3283 will be issued simultaneously with this rule as
an uncodified appendix and will also be published and made available in
a future handbook.
Justification for Final Rulemaking
HUD generally publishes a rule for public comment before issuing a
rule for effect, in accordance with its own regulations on rulemaking
in 24 CFR part 10. However, part 10 provides for exceptions to the
general rule if the agency finds good cause to omit advance notice and
public participation. The good cause requirement is satisfied when
prior public procedure is ``impracticable, unnecessary, or contrary to
the public interest'' (24 CFR 10.1). HUD finds that good cause exists
to publish this rule for effect without first soliciting public
comment. This rule merely removes unnecessary regulatory provisions and
does not establish or affect substantive policy. Therefore, prior
public comment is unnecessary.
Section-by-Section Analysis of Changes
The Secretary has determined that the following changes should be
made to the Manufactured Home Procedural and Enforcement Regulations:
(1) Section 3282.1--This section has already been revised to add a
reference to 24 CFR part 3800, which outlines procedures for
investigations and investigational proceedings (see FR-4026, a
reinvention rule published shortly before this rule).
(2) Section 3282.2--This section has been removed. Delegations of
authority are effective when signed by the Secretary of HUD, and HUD
publishes all delegations of authority in the Federal Register.
Accordingly, the delegation of authority does not need to be contained
in the rule.
(3) Sections 3282.3-3282.5--These sections have been removed
because they relate to the composition of the program office and are
unnecessary.
(4) Section 3282.7(11)--This section defined the term ``Title I,''
which is later used in reference to procedures necessary to implement
the requirements of the regulations when they first became effective in
1976, and are no longer in effect.
(5) Section 3282.9(a)--This section has been removed and a
reference has been made to identical provisions in 24 CFR 26 relating
to computation of time.
(6) Section 3282.53--This section, relating to section 612(e) of
the Act and the registering agents by foreign manufacturers, has been
revised because it is repetitious of the statutory
[[Page 10859]]
provisions. The form of the designation of agent, however, has been
retained.
(7) Section 3282.54(d)--This section regarding availability of cost
information submitted in opposition to an action by the Secretary under
section 607(a) of the Act has been removed as repetitious of the
statutory provisions.
(8) Subpart C, Secs. 3282.101-3282.110, and 3282.112--This subpart
is repetitious of the Department's rulemaking provisions in 24 CFR part
10 and the Act. Accordingly, language has been removed in several of
these sections. Where the requirements provided in these sections
differ from 24 CFR part 10, the exception is noted. In addition,
Sec. 3282.113(b), relating to resolutions of disputes with DAPIAs, had
been mistakenly placed in Sec. 3282.113, Interpretative Bulletins; the
provisions are repeated in Sec. 3282.151(b)(2) and, therefore, are
removed as duplicative.
(9) Section 3282.151(a)--The provisions of this section specifying
the situation in which a presentation of views is appropriate under the
Act have been removed because they merely repeat the statute.
(10) Sections 3282.151(c) and 3282.155--The language referring to
investigations and investigational hearings has been removed because
regulations pertaining to these procedures have been moved to a new
part 3800 (see FR-4026, a reinvention rule published shortly before
this rule). The new part 3800 covers such procedures relating to the
Department's investigations under the Act, the Real Estate Settlement
Procedures Act and the Interstate Land Sales Full Disclosure Act.
Because the Department's procedures in investigations under these
statutes are similar, it is unnecessary to repeat those procedures for
each program.
(11) Section 3282.207-- This section has been removed because it
relates to Transition Certification of manufactured homes already in
production on the effective date of the Standards in 1976 and is thus
no longer necessary. In place of the transition certification language,
the Department will move the mandatory sections of part 3283 (Consumer
Manual) to this section.
In addition, references to transition certification and other
procedures that were once necessary to implement the requirements of
the regulations when they first became effective in 1976 have been
removed, including all or portions of the following sections:
3282.7(11), 3282.11(b), 3282.205(a), 3282.205(c), 3282.205(d),
3282.207, 3282.302(e), 3282.352(c), 3282.353(a)(8), 3282.353(f),
3282.355(b), 3282.361(d), 3282.362(b)(5), 3282.362(c)(2)(i)(B),
3282.362(c)(2)(i)(C), and 3282.362(c)(2)(ii). These references are
obsolete and may be removed without affecting the present regulation of
manufactured housing.
IV. Other Matters
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this final rule, and in so
doing certifies that this rule will not have a significant economic
impact on a substantial number of small entities. This rule merely
streamlines regulations by removing unnecessary provisions. The rule
will have no adverse or disproportionate economic impact on small
businesses.
Environmental Impact
This rulemaking does not have an environmental impact. This
rulemaking simply amends an existing regulation by consolidating and
streamlining provisions and does not alter the environmental effect of
the regulations being amended. A Finding of No Significant Impact with
respect to the environment was made in accordance with HUD regulations
in 24 CFR part 50 that implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) at the time of
development of regulations implementing the National Manufactured
Housing Construction and Safety Standards Act of 1974. That finding
remains applicable to this rule, and is available for public inspection
between 7:30 a.m. and 5:30 p.m. weekdays in the Office of the Rules
Docket Clerk, Office of General Counsel, Room 10276, Department of
Housing and Urban Development, 451 Seventh Street, SW., Washington, DC.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this rule
will not have substantial direct effects on States or their political
subdivisions, or the relationship between the Federal government and
the States, or on the distribution of power and responsibilities among
the various levels of government. No programmatic or policy changes
will result from this rule that would affect the relationship between
the Federal government and State and local governments.
Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule will not have
the potential for significant impact on family formation, maintenance,
or general well-being, and thus is not subject to review under the
Order. No significant change in existing HUD policies or programs will
result from promulgation of this rule.
List of Subjects
24 CFR Part 3282
Administrative practice and procedure, Consumer protection,
Intergovernmental relations, Investigations, Manufactured homes,
Reporting and recordkeeping requirements, Warranties.
24 CFR Part 3283
Consumer protection, Manufactured homes, Warranties.
For the reasons stated in the preamble, under the authority of 42
U.S.C. 3535(d), in title 24 of the Code of Federal Regulations, part
3282 is amended and part 3283 is removed, as follows:
PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS
1. The authority citation for part 3282 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 5424.
Subpart A--General
Secs. 3282.2, 3282.3, 3282.4, and 3282.5 [Removed]
2. Sections 3282.2, 3282.3, 3282.4, and 3282.5 are removed.
Sec. 3282.7(11) [Removed and Reserved]
3. Section 3282.7(ll) is removed and reserved.
4. Section 3282.9 is amended by revising paragraph (a) to read as
follows:
Sec. 3282.9 Computation of time.
(a) In computing any period of time prescribed by the regulations
in this part, refer to Sec. 26.16(a) of this title.
* * * * *
5. Section 3282.11 is amended by revising paragraph (b) to read as
follows:
Sec. 3282.11 Preemption and reciprocity.
* * * * *
(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 Sec. 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
[[Page 10860]]
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 Sec. 3282.303.
* * * * *
Subpart B--Formal Procedures
6. Section 3282.53 is revised to read as follows:
Sec. 3282.53 Service of process on foreign manufacturers and
importers.
The designation of an agent required by section 612(e) of the Act,
42 U.S.C. Sec. 5411(e), shall be in writing, dated, and signed by the
manufacturer and the designated agent.
Sec. 3282.54 [Amended]
7. Section 3282.54 is amended by removing paragraph (d) and
redesignating paragraph (e) as paragraph (d).
Subpart C--Rules and Rulemaking Procedures
8. Section 3282.101 is revised to read as follows:
Sec. 3282.101 Generally.
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.
Secs. 3282.102 through 3282.110 and Sec. 3282.112 [Removed]
9. Sections 3282.102 through 3282.110 and 3282.112 are removed.
10. Section 3282.113 is revised to read as follows:
Sec. 3282.113 Interpretative bulletins.
When appropriate, the Secretary shall issue interpretative
bulletins interpreting the standards under the authority of Sec. 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.
Subpart E--Manufacturer Inspection and Certification Requirements
11. Section 3282.205 is amended by revising paragraphs (a), (c),
and (d), to read as follows:
Sec. 3282.205 Certification requirements.
(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.
* * * * *
(c) Every manufacturer of manufactured homes shall furnish to the
dealer 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 Sec. 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.
12. Section 3282.206 is amended in paragraph (b) by capitalizing
the word ``Extraordinary'', and by revising paragraph (c) to read as
follows:
Sec. 3282.206 Disagreement with IPIA or DAPIA.
* * * * *
(c) The DAPIA or IPIA otherwise resolves the disagreement.
13. Section 3282.207 is revised to read as follows:
Sec. 3282.207 Manufactured home consumer manual requirements.
(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 dealer or distributor may interfere with the distribution of
the consumer manual. When necessary, the dealer or distributor shall
take any appropriate steps to assure that the purchaser receives a
consumer manual from the manufacturer.
(e) If a consumer manual or a change or revision to a manual does
not substantially comply with the guidelines issued by HUD, the
manufacturer shall cease distribution of the consumer manual and shall
provide a corrected manual for each manufactured home for which the
inadequate or incorrect manual or revision was provided. A manual
substantially complies with the guidelines if it presents current
material on each of the subjects covered in the guidelines in
sufficient detail to inform consumers about the operation, maintenance,
and repair of the manufactured home. An updated copy of guidelines
published in the Federal Register on March 15, 1996 can be obtained by
contacting the Office of Manufactured Housing and Regulatory Functions,
Department of Housing and Urban Development, 451 Seventh Street, S.W.,
Washington, D.C., 20410; the Information Center, Department of Housing
and Urban Development, Room 1202, 451 Seventh Street, S.W., Washington,
D.C., 20410; or any HUD Area or State Office.
Subpart G--State Administrative Agencies
14. Section 3282.302(e) is revised to read as follows:
Sec. 3282.302 State plan.
* * * * *
(e) Exclusive IPIA status. (1) A State that wishes to act as an
exclusive IPIA under Sec. 3282.352 shall so indicate in its State Plan
and shall include in the information provided under paragraph (b)(11)
of this section the fee schedule for the State's activities as an IPIA
and the relationship between the proposed fees and the other
information provided under paragraph (b)(11) of this section. If the
Secretary determines that the fees to be charged by a State acting as
an
[[Page 10861]]
IPIA are unreasonable, the Secretary shall not grant the State status
as an exclusive IPIA.
(2) The State shall also demonstrate in its State Plan that it has
the present capability to act as an IPIA for all plants operating in
the State.
Subpart H--Primary Inspection Agencies
15. Section 3282.352(c) is revised to read as follows:
Sec. 3282.352 State exclusive IPIA functions.
* * * * *
(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 Sec. 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.
Sec. 3282.353 [Amended]
16. Section 3282.353 is amended by:
a. Adding the word ``and'' at the end of paragraph (a)(6);
b. Removing the phrase ``; and'' at the end of paragraph (a)(7),
and adding in their place a period; and
c. Removing paragraphs (a)(8) and (f).
Sec. 3282.355 [Amended]
17. Section 3282.355 is amended by removing paragraph (b) and
redesignating paragraphs (c) and (d) as paragraphs (b) and (c),
respectively.
Sec. 3282.361 [Amended]
18. Section 3282.361 is amended by removing paragraph (d) and
redesignating paragraph (e) as paragraph (d).
19. Section 3282.362 is amended by:
a. Removing paragraph (b)(5); and
b. Revising paragraphs (c)(2)(i)(B) and (C) and the introductory
text of paragraph (c)(2)(ii), to read as follows:
Sec. 3282.362 Production Inspection Primary Inspection Agencies
(IPIAs).
* * * * *
(c) * * *
(2) * * *
(i) * * *
(B) A permanent label shall be affixed to each transportable
section of each manufactured home for sale or lease to a purchaser or
lessor in the United States in such a manner that removal will damage
the label so that it cannot be reused. This label is provided by the
IPIA and is separate and distinct from the data plate that the
manufacturer is required to provide under Sec. 3280.5.
(C) The label shall read as follows:
As evidenced by this label No. ABC 000 001, the manufacturer
certifies to the best of the manufacturer's knowledge and belief
that this manufactured home has been inspected in accordance with
the requirements of the Department of Housing and Urban Development
and is constructed in conformance with the Federal Manufactured Home
Construction and Safety Standards in effect on the date of
manufacture. See data plate.
* * * * *
(ii) Label control. The labels used in each plant shall be under
the direct control of the IPIA acting in that plant. Only the IPIA
shall provide the labels to the manufacturer. The IPIA shall assure
that the manufacturer does not use any other label to indicate
conformance to the standards.
* * * * *
PART 3283--[REMOVED]
20. Part 3283 is removed.
Dated: March 4, 1996.
Nicolas P. Retsinas,
Assistant Secretary for Housing-Federal Housing Commissioner.
[Note. The following guide will not be codified in the Code of
Federal Regulations.]
U.S. Department of Housing and Urban Development Manufactured Home
Consumer Manual Guide
A. General
1. Scope
These guidelines set out the requirements that shall be met by
manufactured home manufacturers and dealers in order to assure that
consumer manuals containing appropriate information are provided to
manufactured home purchasers as required by section 617 of the National
Manufactured Housing Construction and Safety Standards Act, 42 U.S.C.
5416. This section sets out the definitions applicable to the
guidelines.
2. Definitions
(a) Anchor means to secure to the ground by straps, cables, turn
buckles, chains, ties, or other devices designed to prevent the
manufactured home from being unstable in high winds or other conditions
that might cause an unsecured home to overturn or otherwise suffer
damage because it is not adequately secured to the ground.
(b) Component means any part, material or appliance which is built
in as an integral part of the manufactured home during the
manufacturing process.
(c) Condensation means the process of reducing a gas or vapor to a
liquid form which is evidenced in a manufactured home by the
accumulation of moisture on windows and other surfaces.
(d) Consumer manual means a document or series of documents
included in a package that substantially complies with the guideline
set out in section C of these guidelines.
(e) Dealer means any person engaged in the sale, leasing or
distribution of new manufactured homes primarily to persons who, in
good faith, purchase or lease a manufactured home for purposes other
than resale.
(f) Diagram means a drawing or plan that outlines and explains the
parts and operation of a major system in the manufactured home, such as
the plumbing, electrical, heating, cooling and ventilating systems.
(g) Distributor means any person engaged in the sale and
distribution of manufactured homes for resale.
(h) Federal Manufactured Home Construction and Safety Standard
means a reasonable standard for the construction, design and
performance of a manufactured home which meets the needs of the public,
including the need for quality, durability and safety.
(i) Major systems means those functional units that are supplied
with the manufactured home during the manufacturing process and
includes the structural, electrical, plumbing and heating and cooling
systems of the manufactured home.
(j) Manufacturer means any person engaged in manufacturing or
assembling manufactured homes, including any person engaged in
importing manufactured homes for resale, except that it does not
include a person engaged in manufacturing modular homes that are exempt
from the Federal Manufactured Home Construction and Safety Standards
under 24 CFR 3280.7.
(k) Manufactured home means as the term is defined in 24 CFR
3280.2.
(l) Purchaser means the first person purchasing a manufactured home
in good faith for purposes other than resale.
(m) Written warranty means: (1) Any written affirmation of fact or
written promise made in connection with the sale of a consumer product
by a supplier to a buyer which relates to the nature of the material or
workmanship and affirms or promises that such material or workmanship
is defect free or will meet a specified level of performance over a
specified period of time; or (2) any undertaking in writing in
connection with the sale by a supplier of a consumer product to refund,
repair, replace, or take other remedial action with respect to such
product in the event that such product fails to meet the
[[Page 10862]]
specifications set forth in the undertaking, which written affirmation,
promise or undertaking becomes part of the basis of the bargain between
a supplier and a buyer for purposes other than resale of such product.
3. Manual Requirement; Effective Date
A consumer manual must be provided with each manufactured home that
enters into the first stage of production on or after July 31, 1977,
pursuant to 24 CFR 3282.207 of the Manufactured Home Procedural and
Enforcement Regulations. The manual shall be provided as set out in
section B of these guidelines.
B. Distribution and Adequacy of the Manual
1. Scope
This section sets out the manner in which consumer manuals are to
be provided to consumers and procedures for assuring that consumer
manuals are correctly distributed. It also sets out requirements to be
met by manufacturers if manuals are found to be inadequate.
2. Manual Distribution
(a) Each manufacturer shall provide a consumer manual with each
manufactured home that enters the first stage of production on or after
July 31, 1977, 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.
(b) 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.
(c) No dealer or distributor may interfere with the distribution of
the consumer manuals. Where necessary, the dealer or distributor shall
take any appropriate steps to assure that the purchaser receives a
consumer manual from the manufacturer.
3. Inadequate Consumer Manuals
If a consumer manual or a change or revision to a manual does not
substantially comply with section C, the manufacturer shall cease
distribution of the consumer manual and shall provide a corrected
manual for each manufactured home, for which the inadequate or
incorrect manual or revision was provided. A manual substantially
complies with section C if it presents current material on each of the
subjects covered in section C in sufficient detail to inform consumers
about the operation, maintenance, and repair of the manufactured home.
C. Guidelines
1. Scope and Purpose
(a) The purpose of this section is to provide guidelines to
manufacturers which will assure that manufactured home consumers are
given information concerning proper home maintenance, avoidance of
potential safety hazards, and remedies which may be available under the
Act.
(b) No precise format is required. The information may be offered
in a single document or in several documents, all of which are part of
a single package. The information shall be presented in a clear and
understandable manner and an index should be prepared so that consumers
can readily locate any information provided as part of the package.
2. Statements About the Act and Its Protections
(a) The manual should include an explanation of the National
Manufactured Housing Construction and Safety Standards Act and of the
Federal manufactured home construction and safety standards. The
explanation should discuss the protections offered by the standards,
the limitations of the standards and the remedies available to the
consumer under the Act. The explanation should use the following
language or its equivalent:
The National Manufactured Housing Construction and Safety Standards
Act of 1974 was enacted to improve the quality and durability of
manufactured homes and to reduce the number of injuries and deaths
caused by manufactured home accidents. The Federal manufactured home
construction and safety standards issued under the Act govern how
manufactured homes must be constructed. Your manufactured home was
manufactured to the standards. The standards cover the planning and
construction of your home. They were developed so that you would have a
safe, durable home. The standards do not cover such aspects of the
manufactured home as furniture, carpeting, certain appliances, cosmetic
features of the home and additional rooms or sections of the home that
you have added. The Act provides that if for some reason your
manufactured home is found not to meet the standard or to contain
safety hazards, the manufacturer of the manufactured home must notify
you of that fact. In some cases where there is a safety hazard
involved, the Act requires the manufacturer to correct the manufactured
home at no cost to you or to replace the home or refund all or a
percentage of the purchase price. If you believe you have a problem for
which the Act provides a remedy, you should contact the manufacturer,
the manufactured home agency in your state (see the list on page of
this manual), or the Department of Housing and Urban Development. Our
address is (state the manufacturer's address). We recommend that you
contact us first, because that is the quickest way to have your
complaint considered.
(b) The manual should state the location of the data plate and
should explain the significance of all the information printed on it,
particularly the significance of the zone information and the wind and
roof load maps.
(c) The manual should include a list of the State Administrative
Agencies (SAAs) that have been approved or conditionally approved under
24 CFR 3282.305 of the Manufactured Home Procedural and Enforcement
Regulations. The list should include all SAAs listed in this section as
of the date the manual or revision is prepared for printing.
Manufacturers may contact HUD for any update to the SAA list that
appears in this section by sending a stamped, self-addressed envelope
to: List Control, Office of Manufactured Housing and Regulatory
Functions, Room 4224, U.S. Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-8000.
The following States have been approved or conditionally approved
to act as SAAs:
State, Agency Name, Address and Telephone Number
Alabama--Alabama Manufactured Housing Commission, 908 South Hull
Street, Montgomery, AL 36130-3401, (205) 261-4036
Arizona--Office of Manufactured Housing, 801 E. Jefferson, Suite 202,
Phoenix, AZ 85034, (602) 255-4072
Arkansas--Manufactured Home Commission, 1022 High Street, Suite #505,
Little Rock, AR 72202, (501) 371-1641
California--Manufactured Housing Section, Division of Codes &
Standards, Department of Housing and Community Development, P.O. Box
31, Sacramento, CA 95801, (916) 323-9803
Colorado--Division of Housing, Department of Local Affairs, 1313
Sherman Street, Room 419, Denver, CO 80203, (303) 866-2033
Florida--Department of Highway Safety and Motor Vehicles, Division of
Motor Vehicles, Neil Kirkman Building,
[[Page 10863]]
Room A 129, 2900 Apalachee Parkway, Tallahassee, FL 32301-8209, (904)
488-7657
Georgia--State Fire Marshal's Office, Manufactured Homes Division, 620
West Tower, No. 2 Martin Luther King, Jr. Drive, Atlanta, GA 30334,
(404) 656-2064
Idaho--Department of Labor and Industrial Service, 277 North Sixth
Street, Boise, ID 83720, (208) 334-3896
Indiana--Department of Fire Prevention and Building Safety,
Industrialized Building Systems/Code Enforcement Div., 1099 N. Meridian
Street, Suite 900, Indianapolis, IN 46204, (317) 232-1405
Iowa--Building Code Bureau, Division of the State Fire Marshall,
Department of Public Safety, Wallace State Office Building, Des Moines,
IA 50319, (515) 281-3807
Kentucky--Department of Housing, Building and Construction, U.S. 127
South Building, Frankfort, KY 40601, (502) 564-3626
Louisiana--Mobile Home Division, 1033 North Lobdell Avenue, Baton
Rouge, LA 70806, (504) 925-4911
Maine--Manufactured Housing Board, Department of Professional and
Financial Regulation, State House Station 32, Augusta, ME 04333, (207)
289-2955
Maryland--Building Codes Administration--DECD, Department of Economic
and Community Development, 45 Calvert Street, Annapolis, MD 21401,
(301) 974-2701
Michigan--Department of Commerce, Mobile Home Division, Corporation &
Securities Bureau, 6546 Mercantile Way, P.O. Box 30222, Lansing, MI
48909, (517) 334-6203
Minnesota--Department of Administration, Building Codes and Standards
Division, 408 Metro Square Building, 7th and Robert Streets, St. Paul,
MN 55101, (612) 296-4628
Mississippi--Office of the Fire Marshall, 416 Woolfolk Building, P.O.
Box 22542, Jackson, MS 39205-2542, (601) 359-1061
Missouri--Public Service Commission, Mobile Homes and Recreational
Vehicles Division, P.O. Box 360, Jefferson City, MO 65102, (314) 751-
7119
Nebraska--Department of Health, Division of Housing and Environmental
Health, 301 Centennial Mall South, P.O. Box 95007, Lincoln, NE 68509,
(402) 471-2541
Nevada--Manufactured Housing Division, Nevada Department of Commerce,
Capitol Complex, Carson City, NV 89710, (702) 885-4298
New Jersey--Department of Community Affairs, Division of Housing and
Development--BCCE, CN 805 Manufactured Housing Construction, Trenton,
NJ 08625-0804, (609) 292-7142
New Mexico--Regulation and Licensing Department, Manufactured Housing
Division, Santa Fe, NM 87503, (505) 827-6340
New York--Housing and Building Codes Bureau, Division of Housing and
Community Renewal, One Fordham Plaza, Bronx, NY, 10458, (212) 519-5273
(Kessner); (212) 488-4910 (Jordan)
North Carolina--Department of Commerce, Council, Boards & Government
Relations Division, P.O. Box 26307, Raleigh, NC 27611, (919) 733-3901
Oregon--Department of Commerce, Building Codes Division, MHRV Section,
401 Labor and Industries Building, Salem, OR 97310, (503) 378-8451
Pennsylvania--Division of Manufactured Housing, Department of Community
Affairs, Room 509, Forum Building, Harrisburg, PA 17120, (717) 787-9682
Rhode Island--Department of Community Affairs, Building Commission,
1270 Mineral Spring Avenue, North Providence, RI 02904, (401) 277-3033
South Carolina--Manufactured Housing Section, Budget and Control Board,
Division of General Services, 300 Gervais Street, Columbia, SC 29201,
(803) 758-5378
South Dakota--Department of Commerce and Regulation, Commercial
Inspection, 118 W. Capitol, Pierre, SD 57501, (605) 773-3697
Tennessee--Department of Commerce and Insurance, Division of Fire
Prevention, 1808 West End Building, Suite 500, Nashville, TN 37219-
5319, (615) 741-7170
Texas--Texas Department of Labor and Standards, P.O. Box 12157, Austin,
TX 78711, (512) 463-5520
Utah--Department of Business Regulation, Contractors Division--MH & RV,
P.O. Box 45802, Salt Lake City, UT 84145, (801) 530-6727
Virginia--Division of Building Regulatory Services, Department of
Housing and Community Development, 205 N. 4th Street, Room M-4,
Richmond, VA 23219, (804) 786-4846
Washington--Department of Labor and Industries, Construction Compliance
Inspection, 520 S. Water Street, Olympia, WA 98504, (206) 586-0215
Wisconsin--Department of Industry, Labor and Human Relations, Safety
and Building Division, P.O. Box 7969, Madison, WI 53707, (608) 266-1748
or (608) 267-7935 (Turner)
(d) The manual should state that the Department of Housing and
Urban Development (HUD) is the Federal agency administering the Act and
that any questions concerning the Act or a consumer's rights under the
Act should be directed to HUD. The manual should advise consumers that
in order to contact HUD, they should refer to the Department of Housing
and Urban Development under listings for the U.S. Government in their
telephone book. In calling or writing the local HUD office, consumers
should be directed to address their inquiry or call to the ``Consumer
Complaint Officer'' in their local HUD or FHA Office. Consumers should
be advised that they may contact the Central HUD Office directly by
writing or calling the Office of Manufactured Housing and Regulatory
Functions, Compliance Branch, telephone (202) 755-6920 or (202) 755-
6584. (These are not toll-free numbers.)
3. Written Warranties
(a) The manual should state whether or not the manufacturer
provides a written warranty covering the manufactured home. If the
manufacturer provides written warranty, the manual should explain in
clear and understandable language what protections the warranty
provides and how the consumer can obtain service under the warranty.
The manual should specifically and clearly describe:
(1) What repairs the manufacturer will pay for under the warranty
and what repairs, if any, the manufacturer will not pay for;
(2) How long the warranty protection lasts;
(3) What the consumer must do to maintain warranty protections,
including any services that the consumer must obtain or provide at the
consumer's expense;
(4) What actions or conditions could void the warranty; and
(5) Exactly what steps the consumer should take to obtain warranty
service, including any informal dispute settlement procedures offered
by the manufacturer prior to pursuit of legal remedies.
(b) The manual should state what appliances, components or other
aspects of the manufactured home are not covered by the manufacturer's
written warranty and identify any warranty certificates which have been
provided for any of these items.
[[Page 10864]]
(c) Compliance with paragraph (a) of this section may be obtained
by including, as a document of the consumer manual, the manufacturer's
written warranty statement that meets the requirements issued by the
Federal Trade Commission under the Magnuson-Moss Warranty Federal Trade
Commission Improvement Act, 15 U.S.C. 2301 et seq. (Magnuson-Moss).
However, this section is not to be construed as governing the making or
content of written warranties on manufactured homes. Any such written
warranties must comply with the Magnuson-Moss requirements.
4. Setting Up and Anchoring the Manufactured Home
(a) The manual should include an explanation of procedures
recommended to be followed in setting up the manufactured home. The
explanation should include: (1) Site preparation procedures; (2) the
types of foundations for which the home was designed; (3) procedures
for leveling the home; (4) procedures for connecting the utilities; and
(5) suggested anchoring procedures for wind-upset and sliding. If
practicable, the manual should include a list of sources the consumer
may contact to obtain set-up and anchoring services. The manual should
advise the consumer of the differing requirements for manufactured
homes located in ``hurricane'' and ``non hurricane'' wind zones.
(b) The manual should include a recommendation that the home be
professionally inspected after it is set up to assure that it has not
been damaged in transit and is properly set up.
5. Safety
(a) Fire safety. The manual should state the location of the
following safety features required by the standards and explain how
they are operated: (1) Smoke detectors; (2) exit doors and bedroom
egress windows; and (3) any other emergency escape systems.
(b) Wind safety. The manual should state that in order for the
manufactured home to be secure against high winds, it should be
anchored to the ground. The manual should caution the owner that if the
manufactured home is not properly anchored, it is highly susceptible to
wind damage when high wind conditions occur.
(c) Systems safety. The manual should explain how the electric,
plumbing, and heating systems of the manufactured home may be rendered
unsafe through improper use or treatment and what hazards may result.
The manual should state the location and purpose of utility shut-off
valves and switches and how they should be used to prevent hazards.
6. Maintenance
(a) The manual should contain a detailed explanation of how the
consumer should care for the manufactured home, including a simple
maintenance and inspection chart that can be used as a checklist by the
consumer. The explanation should describe any aspects of operation and
maintenance that are unique to manufactured homes, and it should
emphasize that the consumer is responsible for adequate maintenance.
The explanation should include a list of components, appliances or
major systems for which an operational manual or instructions were
provided by the manufacturer of the item and a statement that the
consumer should make sure that those manuals or instructions were
provided with the manufactured home.
(b) The manual should discuss the possible consequences of
inadequate maintenance or faulty operation. In particular, the manual
should discuss problems which may arise from condensation or from
inadequate insulation of the piping in the manufactured home and how
those problems can be avoided.
(c) The manual should state the maintenance and repair procedures
or types of procedures for which specialized knowledge or skills are
required.
(d) The manual should state how the purchaser can obtain diagrams
of the structural, electrical, plumbing and heating, cooling and
transportation systems.
7. Relocating the Manufactured Home
The manual should identify and explain the factors that the
consumer should take into account whenever the manufactured home may be
relocated. These should include weight and balance considerations;
securing of appliances, furniture, etc.; and recommended conditions of
the manufactured home's transportation system (e.g., tires, brakes,
axles, wheels, rims, coupling mechanisms). It should recommend that the
owner seek professional assistance whenever considering relocating the
home.
8. Insurance
The manufacturer should recommend that owners of manufactured homes
consider acquiring adequate and appropriate insurance. Manufacturers
should also advise consumers to contact an insurance company of their
choice to obtain information on the types of insurance coverage
available and should suggest factors to be considered.
[FR Doc. 96-6163 Filed 3-14-96; 8:45 am]
BILLING CODE 4210-27-P
