3282.253 Removal of prohibition of sale. 3282.254 Distributor and dealer alterations. 3282.255 Completion of ir.formation card. 3282.256 Distributor or dealer complaint handling.

Subpart G-State Administration Agencies 3282.301 General-scope. 3282.302 State plan.

3282.303 State plan-suggested provisions. 3282.304 Inadequate State plan. 3282.305 State plan approval.

3282.306 Withdrawal of State approval. 3282.307 Monitoring inspection fee establishment and distribution.

3282.308 State participation in monitoring of Primary Inspection Agencies. 3282.309 Hearings and presentations of views held by SAAS.

Subpart H-Primary Inspection Agencies 3282.351

General.

3282.352 State Exclusive IPIA functions. 3282.353 Submission format.

3282.354 Submittal of false information or refusal to submit information.

3282.355 Submission acceptance. 3282.356 Disqualification and requalification of primary inspection agencies. 3282.357 Background and experience. 3282.358 Personnel.

3282.359 Conflict of interest.

3282.360 PIA acceptance of product certification or listings.

3282.361 Design Approval Primary Inspection Agency (DAPIA).

3282.362 Production Inspection Primary Inspection Agencies (IPIAs).

3282.363 Right of entry and inspection.

Subpart I-Consumer Complaint Handling and Remedial Actions

3282.401 Purpose and scope. 3282.402 General principles. 3282.403 Consumer complaint and information referral.

3282.404 Notification pursuant to manufacturer's determination. 3282.405

SSA responsibilities. 3282.406 Required manufacturer correction.

3282.407 Notification and correction pursuant to administrative determination. 3282.408 Reimbursement for prior correction by owner.

3282.409 Manufacturer's plan for notification and correction.

3282.410 Contents of notice.

3282.411 Time for implementation. 3282.412 Completion of remedial actions and report.

3282.413 Replacement or repurchase of mobile home from purchaser.

3282.414 Mobile homes in the hands of dealers and distributors.

3282.415 Notices, bulletins and other communications.

3282.416 Supervision of notification and correction actions.

Subpart J-Monitoring of Primary Inspection Agencies

3282.451 General.

3282.452 Participation in monitoring. 3282.453 Frequency and extent of monitoring.

3282.454 Monitoring inspection fee.

Subpart K-Departmental Oversight

3282.501 General.

3282.502 Departmental implementation. 3282.503 Determination and hearings.

Subpart L-Manufacturer, IPIA and SAA
Reports

3282.551 Scope and purpose.
3282.552 Manufacturers reports for joint
monitoring fees.
3282.553 IPIA reports.
3282.554 SAA reports.

AUTHORITY: Sec. 625 of the National Mobile Home Construction and Safety Standards Act of 1974, Title VI of Pub. L. 93-383, 42 U.S.C. 5401, sec. 7(d) of the Department of HUD Act, 42 U.S.C. 3535(d).

SOURCE: 41 FR 19852, May 13, 1976, unless otherwise noted.

Subpart A-General

§ 3282.1 Scope and purpose.

(a) The National Mobile Home 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 mobile 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 280 of Chapter II of this title, and apply to all mobile homes manufactured for sale to purchasers in the United States on or after the effective date of the standards (June 15, 1976). A mobile 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 mobile 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 mobile home agencies. It is the policy of the Department to involve State agencies in the enforcement of the Federal mobile home standards to the maximum extent possible consistent with the capabilities of such agencies and the public interest.

§ 3282.2 Program implementation authority.

(a) The Secretary has delegated to the Assistant Secretary for Neighborhoods, Voluntary Associations and Consumer Protection all of the authority to exercise the responsibilities

of the Secretary under the Act except the power to sue and be sued.

(b) The Secretary has further authorized the Assistant Secretary to redelegate any of the delegated authority to employees of the Department.

§ 3282.3 Establishment of office.

There is established, as a unit subordinate to the Assistant Secretary for Neighborhoods, Voluntary Associations and Consumer Protection, the Office of Mobile Home Standards.

§ 3282.4 Director.

The Office of Mobile Home Standards is headed by the Director, who shall be named by the Assistant Secretary for Neighborhoods, Voluntary Associations and Consumer Protection.

§ 3282.5 Principal divisions.

The following Divisions have been established within the Office of Mobile Home Standards:

(a) Standards Coordination and Liaison Division.

(b) Enforcement and State Liaison Division.

(c) Investigation and Data Collection Division.

§ 3282.6 Separability of provisions.

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.

§ 3282.7 Definitions.

The definitions in this subpart are those common to all subparts of the regulations.

(a) "Act" means the National Mobile Home 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.)

home) which, when attached to the basic mobile home unit, increases the area, either living or storage, of the mobile home.

(c) "Alteration" means the replacement, addition, and modification, or removal of any equipment or installation after sale by a manufacturer to a dealer or distributor but prior to sale by a dealer to a purchaser which may affect the construction, fire safety, occupancy, plumbing, heat-producing or electrical system. It includes any modification made in the mobile home which 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 mobile home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which it is connected.

(d) "Certification label" see "label". (e) "Certification Report" means the report prepared by an IPIA (see definition z) for each mobile home manufacturing plant under § 282.203 in which the IPIA provides a complete description of the initial comprehensive inspection of the plant, an evaluation of the quality assurance program under the approved quality assurance manual, and the identity of the DAPIA (see definition z) which approved the designs and quality assurance manual used in the plant. Where appropriate under § 3282.362(b)(5), the certification report may be made by a DAPIA.

(f) "Component" means any part, material or appliance which is built in as an integral part of the mobile home during the manufacturing process.

(g) "Cost Information" means information submitted by a manufacturer under section 607 of the Act with respect to alleged cost increases resulting from action by the Secretary, in such form as to permit the public and the Secretary to make an informed

(b) "Add-on" means any structure (except a structure designed or produced as an integral part of a mobile

judgment on the validity of the manufacturer's statements. Such term includes both the manufacturer's cost and the cost to retail purchasers.

(h) "Date of Manufacture" means the date on which the label required by $3282.205(c) is affixed to the mobile home.

(i) "Dealer" means any person engaged in the sale, leasing, or distribution of new mobile homes primarily to persons who in good faith purchase or lease a mobile home for purposes other than resale.

(j) "Defect" means a failure to comply with an applicable Federal mobile home safety and construction standard that renders the mobile home or any part or component thereof not fit for the ordinary use for which it was intended, but does not result in an unreasonable risk of injury or death to occupants of the affected mobile home. See related definitions of "imminent safety hazard" (definition q), "noncompliance" (definition x), and "serious defect" (definition ff).

(k) "Department" means the Department of Housing and Urban Development.

(1) "Design" means drawings, specifications, sketches and the related engineering calculations, tests and data in support of the configurations, structures and systems to be incorporated in mobile homes manufactured in a plant.

(m) "Director" means the Director of the Office of Mobile Home Standards.

(n) "Distributor" means any person engaged in the sale and distribution of mobile homes for resale.

(o) "Failure to Conform” means an imminent safety hazard related to the standards, a serious defect, defect, or noncompliance and is used as a substitute for all of those terms.

(p) "HUD" means the Department of Housing and Urban Development.

(q) "Imminent Safety Hazard" means a hazard that presents an imminent and unreasonable risk of death or severe personal injury that may, or may not be related to failure to comply with an applicable Federal mobile home construction or safety

standard. See related definitions of "defect" (definition j), "noncompliance" (Definition X) and "serious defect" (Definition ff).

(r) "Joint Monitoring Team" means a monitoring inspection team composed of personnel provided by the various State Administrative Agencies, or by HUD or its contract agent, operating under a contract with HUD for the purpose of monitoring, or otherwise aiding in the enforcement of the Federal standards.

(s) "Label" or "certification label" means the approved form of certification by the manufacturer that, under § 3282.362(c)(2)(i), is permanently affixed to each transportable section of each mobile home manufactured for sale to a purchaser in the United States.

(t) "Manufacturer" means any person engaged in manufacturing or assembling mobile homes, including any person engaged in importing mobile homes for resale.

(u) "Mobile home" means a structure, transportable in one or more sections, which when erected on site measures eight body feet or more in width and thirty-two body feet or more in length, and which is built on a permanent chasis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, airconditioning, and electrical systems contained therein.

(v) "Mobile Home Construction" means all activities relating to the assembly and manufacture of a mobile home including but not limited to those relating to durability, quality, and safety.

(w) "Mobile Home Safety" means the performance of a mobile home in such a manner that the public is protected against any unreasonable risk of the occurrence of accidents due to the design or construction of such mobile home, or any unreasonable risk of death or injury to the user or to the public if such accidents do occur.

(x) "Noncompliance" means a failure of a mobile home to comply with a Federal mobile home construction or safety standard that does not consti

tute a defect, serious defect, or imminent safety hazard. See related definitions or "Defect" (defection j), “imminent safety hazard" (definition q), and "serious defect" (definition ff).

(y) "Owner" means any person purchasing a mobile home from any other person after the first purchase of the mobile home, in good faith, for purposes other than resale.

(z) "Primary Inspection Agency" (PIA) means a State/or private organization that has been accepted by the Secretary in accordance with the requirement of subpart H of this Part. There are two types of PIA:

(1) Design Approval PIA (DAPIA), which evaluates and approves or disapproves mobile home designs and quality control procedures, and

(2) Production Inspection PIA (IPIA), which evaluates the ability of mobile home manufacturing plants to follow approved quality control procedures and provides ongoing surveillance of the manufacturing process. Organizations may act as one or both of these types.

(aa) "Purchaser" means the first person purchasing a mobile home in good faith for purposes other than resale.

(bb) "Quality Assurance Manual" means a manual, prepared by each manufacturer for its manufacturing plants and approved by a DAPIA which contains: a statement of the manufacturer's quality assurance program, a chart of the organization showing, by position, all personnel accountable for quality assurance, a list of tests and test equipment required, a station-by-station description of the manufacturing process, a list of inspections required at each station, and a list by title of personnel in the manufacturer's organization to be held responsible for each inspection. Where necessary, the quality assurance manual used in a particular plant shall contain information specific to that plant.

(cc) "To Red Tag" means to affix a notice to a mobile home which has been found to contain an imminent safety hazard or a failure to conform with any applicable standard. A "red

tag" is the notice so affixed to the mobile home.

(dd) "Secretary" means the Secretary of Housing and Urban Development.

(ee) "Secretary's Agent" means a party operating as an independent contractor under a contract with HUD.

(ff) "Serious Defect" means any failure to comply with an applicable Federal mobile home construction and safety standard that renders the mobile home or any part thereof not fit for the ordinary use for which it was intended and which results in an unreasonable risk of injury or death to occupants of the affected mobile home.

(gg) "Standards" means the Federal mobile home construction and safety standards promulgated under section 604 of the Act, 42 U.S.C. 5403, as Part 280 of these regulations.

(hh) "State" includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa.

(ii) "State Administrative Agency" (SAA) means an agency of a State which has been approved or conditionally approved to carry out the State plan for enforcement of the standards pursuant to section 623 of the Act, 42 U.S.C. 5422, and Subpart G of this part.

(jj) "State Plan Application" means the application of any State organization which is submitted to the Secretary for approval as a State Administrative Agency under Subpart G.

(kk) "System" means a set or arrangement of materials or components related or connected as to form an operating entity, i.e., heating, ventilating and air-conditioning systems, evaporative coolers.

(11) “Title I" means Title I of the National Housing Act, 12 U.S.C. 1701, which authorizes HUD to insure loans made for the purchase of mobile homes that are certified as meeting HUD requirements for dwelling quality and safety.

(mm) "United States District Courts" means the Federal district courts of the United States and the