[Code of Federal Regulations]
[Title 24, Volume 5]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR3282.11]

[Page 203]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
 CHAPTER XX--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING 
        COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS--Table of Contents
 
                           Subpart A--General
 
Sec. 3282.11  Preemption and reciprocity.

    (a) No State manufactured home standard regarding manufactured home 
construction and safety which covers aspects of the manufactured home 
governed by the Federal standards shall be established or continue in 
effect with respect to manufactured homes subject to the Federal 
standards and these regulations unless it is identical to the Federal 
standards.
    (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 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.
    (c) States may participate in the enforcement of the Federal 
standards enforcement program under these regulations either as SAAs or 
PIAs or both. These regulations establish the exclusive system for 
enforcement of the Federal standards. No State may establish or keep in 
effect through a building code enforcement system or otherwise, 
procedures or requirements which constitute systems for enforcement of 
the Federal standards or of identical State standards which are outside 
the system established in these regulations or which go beyond this 
system to require remedial actions which are not required by the Act and 
these regulations. A State may establish or continue in force consumer 
protections, such as warranty or warranty performance requirements, 
which respond to individual consumer complaints and so do not constitute 
systems of enforcement of the Federal standards, regardless of whether 
the State qualifies as an SAA or PIA.
    (d) No State or locality may establish or enforce any rule or 
regulation or take any action that stands as an obstacle to the 
accomplishment and execution of the full purposes and objectives of 
Congress. The test of whether a State rule or action is valid or must 
give way is whether the State rule can be enforced or the action taken 
without impairing the Federal superintendence of the manufactured home 
industry as established by the Act.

[42 FR 2580, Jan. 12, 1977, as amended at 56 FR 65186, Dec. 16, 1991; 61 
FR 10859, Mar. 15, 1996]