[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: 24CFR3282.302]



[Page 237-239]

 

                 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 G_State Administrative Agencies

 

Sec.  3282.302  State plan.



    A State wishing to qualify and act as a SAA under this subpart shall 

make a State Plan Application under this section. The State Plan 

Application shall be made to the Director, Manufactured Housing 

Standards Division, Department of Housing and Urban Development, 451 

Seventh Street, SW., Washington, DC 20410, and shall include:

    (a) An original and one copy of a cover sheet which shall show the 

following:

    (1) The name and address of the State agency designated as the sole 

agency responsible for administering the plan throughout the State,

    (2) The name of the administrator in charge of the agency,

    (3) The name, title, address, and phone number of the person 

responsible for handling consumer complaints concerning standards 

related problems in manufactured homes under subpart I of this part,

    (4) A list of personnel who will carry out the State plan,

    (5) The number of manufactured home manufacturing plants presently 

operating in the State,

    (6) The estimated total number of manufactured homes manufactured in 

the State per year,

    (7) The estimated total number of manufactured homes set up in the 

State per year, and

    (8) A certification signed by the administrator in charge of the 

designated State agency stating that, if it is approved by the 

Secretary, the State plan will be carried out in full, and that the 

regulations issued under the Act shall be followed,

    (b) An original and one copy of appropriate materials which:

    (1) Demonstrate how the designated State agency shall ensure 

effective handling of consumer complaints and other information referred 

to it that relate to noncompliances, defects, serious defects or 

imminent safety hazards as set out in subpart I of this part, including 

the holding of Formal and Informal Presentations of Views and the 

fulfilling of all other responsibilities of SAAs as set out in this 

subpart G,

    (2) Provide that personnel of the designated agency shall, under 

State law or as agents of HUD, have the right at any reasonable time to 

enter and inspect all factories, warehouses, or establishments in the 

State in which manufactured homes are manufactured,

    (3) Provide for the imposition under State authority of civil and 

criminal penalties which are identical to those set out in section 611 

of the Act, 42 U.S.C. 5410 except that civil penalties shall be payable 

to the State rather than to the United States,



[[Page 238]]



    (4) Provide for the notification and correction procedures under 

subpart I of this part where the State Administrative Agency is to act 

under that subpart by providing for and requiring approval by the State 

Administrative Agency of the plan for notification and correction 

described in Sec.  3282.410, including approval of the number of units 

that may be affected and the proposed repairs, and by providing for 

approval of corrective actions where appropriate under subpart I,

    (5) Provide for oversight by the SAA of:

    (i) Remedial actions carried out by manufacturers for which the SAA 

approved the plan for notification or correction under Sec.  3282.405, 

or Sec.  3282.407, or for which the SAA has waived formal notification 

under Sec.  3282.405 or Sec.  3282.407, and

    (ii) A manufacturer's handling of consumer complaints and other 

information under Sec.  3282.404 as to plants located within the State,

    (6) Provide for the setting of monitoring inspection fees in 

accordance with guidelines established by the Secretary and provide for 

participation in the fee distribution system set out in Sec.  3282.307.

    (7) Contain satisfactory assurances in whatever form is appropriate 

under State law that the designated agency has or will have the legal 

authority necessary to carry out the State plan as submitted for full or 

conditional approval,

    (8) Contain satisfactory assurances that the designated agency has 

or will have, in its own staff or provided by other agencies of the 

state or otherwise, the personnel, qualified by education or experience 

necessary to carry out the State plan,

    (9) Include the resumes of administrative personnel in policy making 

positions and of all inspectors and engineers to be utilized by the 

designated agency in carrying out the State plan,

    (10) Include a certification that none of the personnel who may be 

involved in carrying out the State plan in any way are subject to any 

conflict of interest of the type discussed in Sec.  3282.359 or 

otherwise, except that members of councils, committees, or similar 

bodies providing advice to the designated agency are not subject to the 

requirement,

    (11) Include an estimate of the cost to the State of carrying out 

all activities called for in the State plan, under this section and 

Sec.  3282.303, which estimate shall be broken down by particular 

function and indicate the correlation between the estimate and the 

number of manufactured homes manufactured in the State and the number of 

manufactured homes imported into the State, and the relationship of 

these factors to any fees currently charged and any fees charged during 

the preceding two calendar years. A description of all current and past 

State activities with respect to manufactured homes shall be included 

with this estimate.

    (12) Give satisfactory assurances that the State shall devote 

adequate funds to carrying out its State plan,

    (13) Indicate that State Law requires manufacturers, distributors, 

and dealers in the State to make reports pursuant to section 614 of the 

Act 42 U.S.C. 5413 and this chapter of these regulations in the same 

manner and to the same extent as if the State plan were not in effect,

    (14) Provide that the designated agency shall make reports to the 

Secretary as required by subpart L of this part in such form and 

containing such information as the Secretary shall from time to time 

require,

    (c) A state plan may be granted conditional approval if all of the 

requirements of Sec.  3282.302 (a) and (b) are met except paragraphs 

(b)(2), (b)(3), (b)(6) or (b)(13). When conditional approval is given, 

the state shall not be considered approved under section 623 of the Act, 

42 U.S.C. 5422, but it will participate in all phases of the program as 

called for in its State plan. Conditional approval shall last for a 

maximum of five years, by which time all requirements shall be met for 

full approval, or conditional approval shall lapse. However, the 

Secretary may for good cause grant an extension of conditional approval 

upon petition by the SAA.

    (d) If a State wishes to discontinue participation in the Federal 

enforcement program as an SAA, it shall provide the Secretary with a 

minimum of 90 days notice.



[[Page 239]]



    (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 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.



[41 FR 19852, May 13, 1976, as amended at 47 FR 5888, Feb. 9, 1982; 51 

FR 34468, Sept. 29, 1986; 61 FR 10860, Mar. 15, 1996]