
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(b)(5)]
[Document affected by Public Law 106-569 Section 605(b)]
[Document affected by Public Law 106-569 Section 610]
[CITE: 42USC5422]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
     CHAPTER 70--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
 
Sec. 5422. State enforcement


(a) Jurisdiction of State agency or court under State law

    Nothing in this chapter shall prevent any State agency or court from 
asserting jurisdiction under State law over any manufactured home 
construction or safety issue with respect to which no Federal 
manufactured home construction and safety standard has been established 
pursuant to the provisions of section 5403 of this title.

(b) Assumption of responsibility for enforcement of Federal standards; 
        submission of enforcement plan to Secretary

    Any State which, at any time, desires to assume responsibility for 
enforcement of manufactured home safety and construction standards 
relating to any issue with respect to which a Federal standard has been 
established under section 5403 of this title, shall submit to the 
Secretary a State plan for enforcement of such standards.

(c) Criteria for approval of State plan by Secretary

    The Secretary shall approve the plan submitted by a State under 
subsection (b) of this section, or any modification thereof, if such 
plan in his judgment--
        (1) designates a State agency or agencies as the agency or 
    agencies responsible for administering the plan throughout the 
    State;
        (2) provides for the enforcement of manufactured home safety and 
    construction standards promulgated under section 5403 of this title;
        (3) provides for a right of entry and inspection of all 
    factories, warehouses, or establishments in such State in which 
    manufactured homes are manufactured and for the review of plans, in 
    a manner which is identical to that provided in section 5413 of this 
    title;
        (4) provides for the imposition of the civil and criminal 
    penalties under section 5410 of this title;
        (5) provides for the notification and correction procedures 
    under section 5414 of this title;
        (6) provides for the payment of inspection fees by manufacturers 
    in amounts adequate to cover the costs of inspections;
        (7) contains satisfactory assurances that the State agency or 
    agencies have or will have the legal authority and qualified 
    personnel necessary for the enforcement of such standards;
        (8) give satisfactory assurances that such State will devote 
    adequate funds to the administration and enforcement of such 
    standards;
        (9) requires manufacturers, distributors, and dealers in such 
    State to make reports to the Secretary in the same manner and to the 
    same extent as if the State plan were not in effect;
        (10) provides that the State agency or agencies will make such 
    reports to the Secretary in such form and containing such 
    information as the Secretary shall from time to time require; and
        (11) complies with such other requirements as the Secretary may 
    by regulation prescribe for the enforcement of this chapter.

(d) Notice and hearing prior to rejection by Secretary of State plan

    If the Secretary rejects a plan submitted under subsection (b) of 
this section, he shall afford the State submitting the plan due notice 
and opportunity for a hearing before so doing.

(e) Discretionary enforcement by Secretary of standards in State having 
        approved plan

    After the Secretary approves a State plan submitted under subsection 
(b) of this section, he may, but shall not be required to, exercise his 
authority under this chapter with respect to enforcement of manufactured 
home construction and safety standards in the State involved.

(f) Annual evaluation by Secretary of execution of State plan; basis of 
        evaluation; submission of evaluation and data to Congress; 
        determination by Secretary of improper administration, etc., of 
        State plan; procedure; effect of determination

    The Secretary shall, on the basis of reports submitted by the 
designated State agency and his own inspections, make a continuing 
evaluation of the manner in which each State having a plan approved 
under this section is carrying out such plan. Such evaluation shall be 
made by the Secretary at least annually for each State, and the results 
of such evaluation and the inspection reports on which it is based shall 
be promptly submitted to the appropriate committees of the Congress. 
Whenever the Secretary finds, after affording due notice and opportunity 
for a hearing, that in the administration of the State plan there is a 
failure to comply substantially with any provision of the State plan or 
that the State plan has become inadequate, he shall notify the State 
agency or agencies of his withdrawal of approval of such plan. Upon 
receipt of such notice by such State agency or agencies such plan shall 
cease to be in effect, but the State may retain jurisdiction in any case 
commenced before the withdrawal of the plan in order to enforce 
manufactured home standards under the plan whenever the issues involved 
do not relate to the reasons for the withdrawal of the plan.

(Pub. L. 93-383, title VI, Sec. 623, Aug. 22, 1974, 88 Stat. 712; Pub. 
L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. 
L. 97-35, title III, Sec. 339B(c), Aug. 13, 1981, 95 Stat. 417.)

                          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

    1980--Subsecs. (a), (b), (c)(2), (e), (f). Pub. L. 96-399 
substituted ``manufactured home'' for ``mobile home'' wherever 
appearing.

                  Section Referred to in Other Sections

    This section is referred to in sections 5419, 5420, 5423 of this 
title.
