{"identifier":"/us/usc/t42/s5402","title":42,"num":"\u00a7\u202f5402.","heading":"Definitions","text":"\u00a7\u202f5402.\nDefinitions\nAs used in this chapter, the term\u2014\n(1) \u201cmanufactured home construction\u201d means all activities relating to the assembly and manufacture of a manufactured home including but not limited to those relating to durability, quality, and safety;\n(2) \u201cretailer\u201d 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;\n(3) \u201cdefect\u201d includes any defect in the performance, construction, components, or material of a manufactured home that renders the home or any part thereof not fit for the ordinary use for which it was intended;\n(4) \u201cdistributor\u201d means any person engaged in the sale and distribution of manufactured homes for resale;\n(5) \u201cmanufacturer\u201d means any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes for resale;\n(6) \u201cmanufactured home\u201d means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis 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, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under this chapter; and except that such term shall not include any self-propelled recreational vehicle;\n(7) \u201cFederal manufactured home construction and safety standard\u201d 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;\n(8) \u201cmanufactured home safety\u201d means the performance of a manufactured 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 manufactured home, or any unreasonable risk of death or injury to the user or to the public if such accidents do occur;\n(9) \u201cimminent safety hazard\u201d means an imminent and unreasonable risk of death or severe personal injury;\n(10) \u201cpurchaser\u201d means the first person purchasing a manufactured home in good faith for purposes other than resale;\n(11) \u201cSecretary\u201d means the Secretary of Housing and Urban Development;\n(12) \u201cState\u201d 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;\n(13) \u201cUnited States district courts\u201d means the Federal district courts of the United States and the United States courts of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa;\n(14) \u201cadministering organization\u201d means the recognized, voluntary, private sector, consensus standards body with specific experience in developing model residential building codes and standards involving all disciplines regarding construction and safety that administers the consensus standards through a development process;\n(15) \u201cconsensus committee\u201d means the committee established under\nsection 5403(a)(3) of this title\n(16) \u201cconsensus standards development process\u201d means the process by which additions, revisions, and interpretations to the Federal manufactured home construction and safety standards and enforcement regulations shall be developed and recommended to the Secretary by the consensus committee;\n(17) \u201cprimary inspection agency\u201d means a State agency or private organization that has been approved by the Secretary to act as a design approval primary inspection agency or a production inspection primary inspection agency, or both;\n(18) \u201cdesign approval primary inspection agency\u201d means a State agency or private organization that has been approved by the Secretary to evaluate and either approve or disapprove manufactured home designs and quality control procedures;\n(19) \u201cinstallation standards\u201d means reasonable specifications for the installation of a manufactured home, at the place of occupancy, to ensure proper siting, the joining of all sections of the home, and the installation of stabilization, support, or anchoring systems;\n(20) \u201cmonitoring\u201d means the process of periodic review of the primary inspection agencies, by the Secretary or by a State agency under an approved State plan pursuant to\nsection 5422 of this title\nsection 5403(b) of this title\n(21) \u201cproduction inspection primary inspection agency\u201d means a State agency or private organization that has been approved by the Secretary to evaluate the ability of manufactured home manufacturing plants to comply with approved quality control procedures and with the Federal manufactured home construction and safety standards promulgated hereunder, including the inspection of homes in the plant.","url":"https://projectusc.org/usc/t42/s5402.html","content":[{"t":"sec","id":"/us/usc/t42/s5402","children":[{"t":"num","text":"\u00a7\u202f5402."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this chapter, the term\u2014"},{"t":"para","id":"/us/usc/t42/s5402/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" \u201cmanufactured home construction\u201d means all activities relating to the assembly and manufacture of a manufactured home including but not limited to those relating to durability, quality, and safety;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" \u201cretailer\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" \u201cdefect\u201d includes any defect in the performance, construction, components, or material of a manufactured home that renders the home or any part thereof not fit for the ordinary use for which it was intended;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" \u201cdistributor\u201d means any person engaged in the sale and distribution of manufactured homes for resale;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" \u201cmanufacturer\u201d means any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes for resale;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" \u201cmanufactured home\u201d means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis 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, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under this chapter; and except that such term shall not include any self-propelled recreational vehicle;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" \u201cFederal manufactured home construction and safety standard\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" \u201cmanufactured home safety\u201d means the performance of a manufactured 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 manufactured home, or any unreasonable risk of death or injury to the user or to the public if such accidents do occur;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" \u201cimminent safety hazard\u201d means an imminent and unreasonable risk of death or severe personal injury;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" \u201cpurchaser\u201d means the first person purchasing a manufactured home in good faith for purposes other than resale;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/11","children":[{"t":"num","text":"(11)"},{"t":"content","text":" \u201cSecretary\u201d means the Secretary of Housing and Urban Development;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/12","children":[{"t":"num","text":"(12)"},{"t":"content","text":" \u201cState\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/13","children":[{"t":"num","text":"(13)"},{"t":"content","text":" \u201cUnited States district courts\u201d means the Federal district courts of the United States and the United States courts of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/14","children":[{"t":"num","text":"(14)"},{"t":"content","text":" \u201cadministering organization\u201d means the recognized, voluntary, private sector, consensus standards body with specific experience in developing model residential building codes and standards involving all disciplines regarding construction and safety that administers the consensus standards through a development process;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/15","children":[{"t":"num","text":"(15)"},{"t":"content","text":" \u201cconsensus committee\u201d means the committee established under ","children":[{"t":"ref","text":"section 5403(a)(3) of this title","href":"/us/usc/t42/s5403/a/3","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/16","children":[{"t":"num","text":"(16)"},{"t":"content","text":" \u201cconsensus standards development process\u201d means the process by which additions, revisions, and interpretations to the Federal manufactured home construction and safety standards and enforcement regulations shall be developed and recommended to the Secretary by the consensus committee;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/17","children":[{"t":"num","text":"(17)"},{"t":"content","text":" \u201cprimary inspection agency\u201d means a State agency or private organization that has been approved by the Secretary to act as a design approval primary inspection agency or a production inspection primary inspection agency, or both;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/18","children":[{"t":"num","text":"(18)"},{"t":"content","text":" \u201cdesign approval primary inspection agency\u201d means a State agency or private organization that has been approved by the Secretary to evaluate and either approve or disapprove manufactured home designs and quality control procedures;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/19","children":[{"t":"num","text":"(19)"},{"t":"content","text":" \u201cinstallation standards\u201d means reasonable specifications for the installation of a manufactured home, at the place of occupancy, to ensure proper siting, the joining of all sections of the home, and the installation of stabilization, support, or anchoring systems;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/20","children":[{"t":"num","text":"(20)"},{"t":"content","text":" \u201cmonitoring\u201d means the process of periodic review of the primary inspection agencies, by the Secretary or by a State agency under an approved State plan pursuant to ","children":[{"t":"ref","text":"section 5422 of this title","href":"/us/usc/t42/s5422","tail":", in accordance with regulations promulgated under this chapter, giving due consideration to the recommendations of the consensus committee under "},{"t":"ref","text":"section 5403(b) of this title","href":"/us/usc/t42/s5403/b","tail":", which process shall be for the purpose of ensuring that the primary inspection agencies are discharging their duties under this chapter; and"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s5402/21","children":[{"t":"num","text":"(21)"},{"t":"content","text":" \u201cproduction inspection primary inspection agency\u201d means a State agency or private organization that has been approved by the Secretary to evaluate the ability of manufactured home manufacturing plants to comply with approved quality control procedures and with the Federal manufactured home construction and safety standards promulgated hereunder, including the inspection of homes in the plant.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}