
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-569 Section 603(a)]
[CITE: 42USC5402]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
     CHAPTER 70--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
 
Sec. 5402. Definitions

    As used in this chapter, the term--
        (1) ``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;
        (2) ``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;
        (3) ``defect'' 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;
        (4) ``distributor'' means any person engaged in the sale and 
    distribution of manufactured homes for resale;
        (5) ``manufacturer'' means any person engaged in manufacturing 
    or assembling manufactured homes, including any person engaged in 
    importing manufactured homes for resale;
        (6) ``manufactured home'' 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;
        (7) ``Federal manufactured home construction and safety 
    standard'' 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;
        (8) ``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;
        (9) ``imminent safety hazard'' means an imminent and 
    unreasonable risk of death or severe personal injury;
        (10) ``purchaser'' means the first person purchasing a 
    manufactured home in good faith for purposes other than resale;
        (11) ``Secretary'' means the Secretary of Housing and Urban 
    Development;
        (12) ``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; and
        (13) ``United States district courts'' 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.

(Pub. L. 93-383, title VI, Sec. 603, Aug. 22, 1974, 88 Stat. 700; Pub. 
L. 96-399, title III, Sec. 308(c)(4), (d), Oct. 8, 1980, 94 Stat. 1641; 
Pub. L. 97-35, title III, Sec. 339B(c), Aug. 13, 1981, 95 Stat. 417; 
Pub. L. 105-276, title V, Sec. 599A(a), Oct. 21, 1998, 112 Stat. 2660.)

                       References in Text

    For definition of Canal Zone, referred to in pars. (12) and (13), 
see section 3602(b) of Title 22, Foreign Relations and Intercourse.

                          Codification

    References to ``mobile homes'', wherever appearing in text, changed 
to ``manufactured homes'' in view of the amendment of title VI of the 
Housing and Community Development Act of 1974 (this chapter) by section 
308(c)(4) of Pub. L. 96-399 requiring the substitution of ``manufactured 
home'' for ``mobile home'' wherever appearing in title VI of the Housing 
and Community Development Act of 1974, and section 339B(c) of Pub. L. 
97-35 (set out as a note under section 1703 of Title 12, Banks and 
Banking) providing that the terms ``mobile home'' and ``manufactured 
home'' shall be deemed to include the terms ``mobile homes'' and 
``manufactured homes'', respectively.


                               Amendments

    1998--Par. (6). Pub. L. 105-276 inserted before semicolon at end ``; 
and except that such term shall not include any self-propelled 
recreational vehicle''.
    1980--Pars. (1), (2), (3). Pub. L. 96-399, Sec. 308(c)(4), 
substituted ``manufactured home'' for ``mobile home'' wherever 
appearing.
    Par. (6). Pub. L. 96-399, Sec. 308(c)(4), (d), substituted 
``manufactured home'' for ``mobile home'', substituted ``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'' for ``is eight body feet or more in width and is 
thirty-two body feet or more in length'', and inserted exception 
relating to inclusion of any structure meeting all requirements of this 
paragraph except size and with respect to which a certification is 
voluntarily filed and standards complied with.
    Pars. (7), (8), (10). Pub. L. 96-399, Sec. 308(c)(4), substituted 
``manufactured home'' for ``mobile home'' wherever appearing.


                    Effective Date of 1998 Amendment

    Pub. L. 105-276, title V, Sec. 599A(b), Oct. 21, 1998, 112 Stat. 
2660, provided that: ``The amendment made by this section [amending this 
section] is made on, and shall apply beginning upon, the date of the 
enactment of this Act [Oct. 21, 1998].''

                  Section Referred to in Other Sections

    This section is referred to in title 12 sections 1701j-3, 1735f-7a, 
3802; title 15 section 78c.
