[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: 24CFR3282.7]



[Page 216-219]

 

                 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.  3282.7  Definitions.



    The terms Department, HUD, and Secretary are defined in 24 CFR part 

5.

    (a) Act means the National Manufactured Housing 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.)

    (b) Add-on means any structure (except a structure designed or 

produced as an integral part of a manufactured home) which, when 

attached to the basic manufactured home unit, increases the area, either 

living or storage, of the manufactured 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 manufactured 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 manufactured home by the manufacturer, if



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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 manufactured home manufacturing plant under Sec.  

3282.203 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 Sec.  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 manufactured 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 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 Sec.  3282.205(c) is affixed to the manufactured home.

    (i) Dealer 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.

    (j) Defect means a failure to comply with an applicable Federal 

manufactured home safety and construction standard that renders the 

manufactured 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 

manufactured home. See related definitions of imminent safety hazard 

(definition q), noncompliance (definition x), and serious defect 

(definition ff).

    (k) 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 

manufactured homes manufactured in a plant.

    (l) Director means the Director of the Manufactured Housing 

Standards Division.

    (m) Distributor means any person engaged in the sale and 

distribution of manufactured homes for resale.

    (n) 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.

    (o) [Reserved]

    (p) 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 

manufactured home construction or safety standard. See related 

definitions of defect (definition j), noncompliance (paragraph x) and 

serious defect (paragraph ff).

    (q) 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.

    (r) Label or certification label means the approved form of 

certification by the manufacturer that, under Sec.  3282.362(c)(2)(i), 

is permanently affixed to each transportable section of each 

manufactured home manufactured for sale to a purchaser in the United 

States.

    (s) (Same as Sec.  3280.2(a)(13).)

    (t) Manufacturer means any person engaged in manufacturing or 

assembling manufactured homes, including any person engaged in importing 

manufactured homes for resale.

    (u) (Same as Sec.  3280.2(a)(16).)

    (v) Manufactured home construction 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.



[[Page 218]]



    (w) Manufactured home safety 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.

    (x) Noncompliance means a failure of a manufactured home to comply 

with a Federal manufactured home construction or safety standard that 

does not constitute a defect, serious defect, or imminent safety hazard. 

See related definitions or defect (definition j), imminent safety hazard 

(definition q), and serious defect (definition ff).

    (y) Owner means any person purchasing a manufactured home from any 

other person after the first purchase of the manufactured 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 manufactured home designs and quality control procedures, 

and

    (2) Production Inspection PIA (IPIA), which evaluates the ability of 

manufactured 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 manufactured 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 manufactured 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 manufactured home.

    (dd) [Reserved]

    (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 manufactured home construction and safety standard that renders 

the manufactured 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 manufactured home.

    (gg) Standards means the Federal manufactured home construction and 

safety standards promulgated under section 604 of the Act, 42 U.S.C. 

5403, as part 3280 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.

    (ll) [Reserved]

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

of the United States and the United



[[Page 219]]



States courts of the Commonwealth of Puerto Rico, Guam, the Virgin 

Islands, the Canal Zone, and American Samoa.

    (nn) (Same as Sec.  3280.2(a)(22).)



[41 FR 19852, May 13, 1976, as amended at 41 FR 24971, June 21, 1976; 47 

FR 28093, June 29, 1982; 61 FR 5216, Feb. 9, 1996; 61 FR 10859, Mar. 15, 

1996]