[Code of Federal Regulations]

[Title 24, Volume 5]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR3282.11]



[Page 220-221]

 

                 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



[[Page 221]]



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]