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(ii) Where it is claimed that the testimony or other evidence sought from a witness is outside the scope of the investigation, or it is claimed that the witness is privileged to refuse to answer a question or to produce other evidence, counsel for the witness may object on the record to the question or requirement and may briefly and precisely state the grounds therefor.
(iii) Objections interposed under the rules in this subpart wil be continuing objections throughout the course of the proceedings, and repetitious or cumulative statement of an objection or of the grounds therefore, in such cases, is unnecessary.
(iv) Motions challenging the authority of the Secretary to conduct the investigation or the sufficiency or legality of the subpoena must be addressed to the Secretary in advance of the proceeding. Copies of such motions may be filed with the presiding official at the proceeding as part of the record of the investigation, and argument in support thereof may be allowed if it will not unduly delay the proceeding.
(v) Upon completion of the examination of a witness, counsel for the witness may request that the presiding official permit the witness to clarify any of his answers on the record in order that specified points of ambiguity, equivocation, or incompleteness may be corrected. The granting or denial of such request in whole or in part, shall be within the sole discretion of the presiding official. However, the reasons for any denial of a request shall be given by the presiding official and shall be included in the record of the proceedings.
(vi) The presiding officer shall take all necessary action to regulate the course of the proceeding to avoid delay and to maintain order. If necessary to maintain order, the presiding officer may exclude the attorney or witness from further participation in the particular investigation and may render a decision adverse to the interests of the excluded party in that party's absence.
(e) In the case of contumacy of the witness or the witness' refusal to obey a subpoena or order of the Secretary, the United States district court for the jurisdiction in which an inquiry is carried on may issue an order requiring compliance therewith; and any failure to obey the court may be punished by such court as a contempt thereof.
3282.156. Petitions for Investigations.
(a) Any person may petition the Secretary in writing to open an investigation into whether noncompliances, defects, serious defects, or imminent safety hazards exist in mobile homes. A petition shall include the reasons that the petitioner believes warrant an investigation,and it shall state any steps which have previously been taken to remedy the situation. The petition shall include all information known to the petitioner concerning the identity of mobile homes which may be affected and where those mobile homes were manufactured. The Secretary shall respond to petitions concerning alleged imminent safety hazards and serious defects within 60 days and to petitions alleging the existence of defects or noncompliances within 120 days.
(b) Any person may petition the Secretary in writing to undertake an investigation for the purpose of determining whether a primary inspection agency should be disqualified. The petition shall set out all facts and information on which the petition is based and a detailed statement of why such information justifies disqualification. The Secretary shall consider such petitions when making determinations on final acceptance and continued acceptance. The Secretary shall respond to such petition within 120 days.
Subpart E. Manufacturer Inspection and Certification Requirements
2182.201. Scope and Purpose.
(a) This subpart sets out requirements which must be met by manufacturers of mobile homes for sale to purchasers in the United States with respect to certification of mobile home designs, inspections of designs, quality assurance programs, and mobile home production, and certification of mobile homes. Other than references and a general description of responsibilities, this subpart does not set out requirements with respect to remedial actions or reports which must be taken or filed under the Act and these regulations.
(b) The purpose of this subpart is to require manufacturers to participate in a system of design approvals and inspections which serve to assist them in assuring that mobile homes which they manufacture will conform to Federal standards. Such approvals and inspections provide significant protection to the public by decreasing the number of mobile homes with possible defects in them, and provide protection to manufacturers by reducing the number of instances in which costly remedial actions must be undertaken after mobile homes are sold.
3282.202. Primary Inspection Agency Contracts.
Each manufacturer shall enter into a contract or other agreement with as many Design Inspection Primary Inspection Agencies (DAPIAs) as it wishes and with enough Production Inspection Primary Inspection Agencies (IPIAs) to provide IPIA services for each manufacturing plant as set out in this subpart and in subpart H of this Part. In return for the services provided by the DAPIAs and IPIAs, each manufacturer shall pay such reasonable fees as are agreed upon between the manufacturer and the primary inspection agency or, in the case of a State acting as an exclusive IPIA under 3282.3 such fees as may be established by the State.
3282.203. DAPIA Services.
Each manufacturer shall have each mobile home design and each quality assurance manual which it intends to follow approved by a DAPIA under 3282.361. The manufacturer is free to choose which DAPIA will evaluate and approve its designs and quality assurance materials. The manufacturer may obtain design and quality assurance manual approval from a single DAPIA regardless of the number of plants in which the design and quality assurance manual will be followed. A manufacturer may also obtain approval for the same design and quality assurance manual from more than one DAPIA. The choice of which DAPIA or DAPIAs to employ is left to the manufacturer.
(b) The manufacturer shall submit to the DAPIA such information as the DAPIA may require in order to carry out design approvals. This information shall, except where the manufacturer demonstrates to the DAPIA that it is not necessary, include the following:
(1) Construction drawings and/or specifications showing structural details and layouts of frames, floors, wall and roofs, and chasis; material specifications, framing details, door locations, etc., for each floor plan proposed to be manufactured,
(2) Structural analysis and calculations, test data and/or other accepted engineering practices used by the manufacturer to validate the design,
(3) Complete heat loss calculations for each significant variation of home design,
(4) Floor plans showing room arrangement and sizes, window sizes, emergency exits and locations, locations of smoke detectors, fixed appliance range hoods, and other standard related aspects of the mobile home that can be shown on the floor plans,
(5) Diagrams of the fuel supply system, potable water system and drain, waste and vent systems. The diagrams shall specify the types of materials used, types of fittings and methods of installing required safety equipment,
(6) Wiring diagrams, including circuit allocation of electrical load and branch circuit calculations, a table of the branch circuit protection provided, the type of wiring used, and wiring methods,
(7) Details showing the design of air supply and return systems,
(8) Details of chassis construction, components, connections and running gear including rating capacities of tires,
(9) A list of fixed and portable appliances furnished with the mobile home, including type of appliance, rating of appliance, and applicable minimum and maximum performance ratings and/or energy requirements,
(10) Detailed manufacturer installation instructions including specifications and procedures for the erection and hook-up of the home at its permanent location, and
(11) Reports of all tests that were run to validate the conformance of the design to the standards.
(c) The manufacturer shall submit to the DAPIA such information as the DAPIA may require in order to carry out quality assurance manual approvals. At a minimum, this information shall include the quality assurance manual for which approval is sought. That manual shall include the manufacturer's quality assurance program, an organizational chart showing the accountability, by position, of the manufacturer's quality control personnel, a description of production tests and test equipment required for compliance with the standards, a station-by-station description of the manufacturing process, a list of quality control inspections required by the manufacturer at each station, and identification by title of each person who will be held accountable for each quality control inspection.
(d) Manufacturers may be required to furnish supplementary information to the DAPIA if the design information or the quality assurance manual is not complete or if any information is not in accordance with accepted engineering practice.
(e) When a manufacturer wishes to make a change in an approved design or quality assurance manual, the manufacturer shall obtain the approval of the DAPIA which approved the design or manual prior to production for sale. The procedures for obtaining such approval are set out in 3282.361.
(f) The information to be submitted to a DAPIA under 3282.203(b) and (c) may be prepared by the manufacturer's staff or outside consultants, including other DAPIAs. However, a DAPIA may not perform design or quality assurance manual approvals for any manufacturer whose design or manual has been created or prepared in whole or in part by members of the DAPIA's organization or of any affiliated organization.
(g) Each manufacturer shall maintain a copy of the drawings, specifications, and sketches from each approved design received from a DAPIA under 3282.361(b)(4) in each plant in which mobile homes are being produced to the design. Each manufacturer shall also maintain in each manufacturing plant a copy of the approved quality assurance manual received from a DAPIA under 3282.361(c)(3) that is being followed in the plant. These materials shall be kept current and shall be readily accessible for use by the Secretary or other parties acting under these regulations.
3282.204. IPIA Services.
(a) Each manufacturer shall obtain the services of an IPIA as set out in 3282.362 for each manufacturing plant operated by the manufacturer.
(b) The manufacturer shall make available to the IPIA operating in each of its plants a copy of the drawings and specifications from the DAPIA approved design and the quality assurance manual for that plant, and the IPIA shall perform an initial factory inspection as set out in 3282.362(b). If the IPIA issues a deviation report after the initial factory inspection, the manufacturer shall make any corrections or adjustments which are necessary to conform with the DAPIA approved designs and manuals. After the corrections required by the deviation report are completed to the satisfaction of the IPIA, the IPIA shall issue the certification report as described in 3282.362(b)(2). In certain instances a DAPIA may provide the certification report. (See 3282.362). The manufacturer shall maintain a current copy of each certification report in the plant to which the certification report relates.
(c) After the certification report has been signed by the IPIA, the manufacturer shall obtain labels from the IPIA and shall affix them to completed mobile homes as set out in 3282.362(c)(2). During the initial factory certification, the IPIA may apply labels to mobile homes which it knows to be in compliance with the standards if it is performing complete inspections of all phases of production of each mobile home and the manufacturrer authorizes it to apply labels.
(d) During the course of production the manufacturer shall maintain a complete set of approved drawings, specifications, and approved design changes for the use of the IPIA's inspector and always available to that inspector when in the manufacturing plant.
(e) If, during the course of production, an IPIA finds that a failure to conform to a standard exists in a mobile home in production, the manufacturer shall correct the failure to conform in any mobile homes still in the factory and held by distributors or dealers and shall carry out remedial actions under 3282.404 and 3282.405 with respect to any other mobile homes which may contain the same failure to conform.
3282.205. Certification Requirements.
(a) Every manufacturer shall make a record of the serial number of the first mobile home started in the first station of the assembly line on June 15, 1976 and a duly authorized representative of the manufacturer shall certify that the first mobile home and all subsequent mobile homes in the sequence of production manufactured on or after June 15, 1976, have been constructed in accordance with the Federal standards. The manufacturer shall furnish a copy of that certification to the IPIA for the purpose of determining which mobile homes are subject to the notification and correction requirements of subpart I of these regulations. If the manufacturer does not have the services of an IPIA and is using transition certification labels under 3282.207, it shall keep a certified record of mobile homes produced on or after June 15, 1976, and furnish that record to the IPIA that performs the first plant approval or the Secretary if the manufacturer discontinues production at the expiration of the transition period.
(b) Every manufacturer of mobile homes shall certify on the data plate as set out in Section 280.5 of Chapter II of 24 CFR and 3282.362(c)(3) that the mobile home is designed to comply with the Federal mobile home construction and safety standards in force at the time of manufacture in addition to providing other information required to be completed on the data plate.
(c) Every manufacturer of mobile homes shall furnish to the dealer or distributor of each such mobile home produced by such manufacturer a certification that such mobile home, to the best of the manufacturer's knowledge and belief, conforms to all applicable Federal construction and safety standards. Such certification shall be in the form of the label provided by the IPIA under 3282.362(c)(2), except when the manufacturer provides the label under 3282.207. Such labels shall be affixed only at the end of the last stage of production of the mobile home.
(d) The manufacturer shall apply a label required or allowed by these regulations only to mobile homes that it knows by its inspections to be in compliance with the standards. The manufacturer shall affix the transition certification label allowed by 3282.207 only to mobile homes that enter the first stage of production on or after June 15, 1976. The manufacturer may affix the label described in 3282.362(c)(2) to mobile homes that enter the first stage of production prior to June 15, 1976, only under all of the following circumstances.
(1) No such labels are affixed to any mobile homes prior to June 15, 1976.
(2) The labels are obtained only through the procedures set forth in subpart H of this part pursuant to the full range of services provided by primary inspection agencies.
(3) The manufacturer keeps a record of all mobile homes that enter the first stage of production prior to June 15, 1976, and to which labels are affixed under this provision.
(4) The manufacturer certifies the accuracy of the record required under paragraph (d)(3), immediately above, and provides a copy of that certification to the IPIA that provides production inspections in that plant in which those mobile homes are manufactured.
(5) The manufacturer pays the monitoring inspection fee required by 3282.210 for each mobile home to which a label is affixed under this provision.
(6) The manufacturer agrees that all mobile homes that it labels under this provision shall be subject to the requirements of the Act and these regulations, and particularly to the remedial provisions of subpart I of this part.
(7) The manufacturer obtains the agreement of the State in which the mobile homes are manufactured that the State will accept such mobile homes as if they had entered into the first stage of production on or after June 15, 1976, including agreement by the State not to require any State label for such mobile homes and not to require any inspections or charge any fees that would not be allowed with respect to mobile homes that enter the first stage of production on or after June 15, 1976.
(8) No other label relating to any aspects of the mobile home covered by the Federal standards is affixed to the mobile homes.
3282.206. Disagreement with IPIA or DAPIA.
Whenever a manufacturer disagrees with a finding by a DAPIA or an IPIA acting in accord with subpart H of this Part, the manufacturer may request a hearing or presentation of views as provided in 3282.152. The manufacturer shall not, however, produce mobile homes pursuant to designs which have not been approved by a DAPIA or produce mobile homes which the relevant IPIA believes not to conform to the standards unless and until: (a) the Secretary determines that the manufacturer is correct in believing the design of the mobile home conforms to the standards; or (b) extraordinary interim relief is granted under 3282.154; or (c) the DAPIA or IPIA otherwise resolves the disagreement. These prohibitions shall not apply to manufacturers acting under the transition certification program set out in 3282.207.
3282.207. Transition Certification Program.
(a) If a manufacturer cannot contract for the services of a DAPIA or IPIA such manufacturer shall notify the Secretary and any State with an approved SAA into which it intends to ship mobile homes that it will apply transition certification labels under this section to a specified number of mobile homes for a specified period of time until it can obtain the necessary PIA services. The use of transition certification labels shall be limited to the time required to obtain PIA services, and in no case shall it extend beyond 90 days after the effective date of the standards. The manufacturer may continue to use certification labels during this 90 day period only it if is acting diligently to obtain necessary PIA services as quickly as possible. The Secretary may monitor manufacturers' performance under this section.
(b) Mobile homes bearing a transition certification label may be subject to such reasonable inspections and reasonable inspection fees as States may require, though no State may require any design approval or require a mobile home to meet a standard other than the Federal standard. A State may prohibit the entry into or sale in the State of a mobile home certified under this subsection if the State has inspected the mobile home and found a failure to conform to the federal standards. If a State, through inspections under this subsection, finds that a manufacturer or a particular plant is consistently producing homes which fail to conform to the standard, the State shall so inform the Secretary, who shall take appropriate action; including seeking injunctive relief to halt production, if necessary. A State may not prohibit entry into or sale in the State of a mobile home unless the State has inspected that home and found a failure to conform.
(c) A manufacturer acting under this section is not subject to the labeling provisions of 3282.362(c)(2) of this part or Section 280.7 of Part 280 of Chapter II of 24 CFR.
(d) Transition certification labels shall be handled as follows:
(1) The transition certification label shall be 1 1/2 in. by 4 in. in size and shall either be typed on a piece of paper hermetically sealed between two pieces of plastic with a 1/4 in. border of clear plastic around the paper, or printed on adhesive backed aluminum foil. The paper sealed in plastic shall be permanently attached to the mobile home by means of 4 blind rivets, drive screws, or other means that render it difficult to remove without being defaced. The adhesive backed foil shall be permanently attached to the mobile home by placing it on a surface which is suitable for the adhesive. The label number shall be a sequential 4 digit number which the manufacturer shall type sequentially on each label used.
(2) The transition certification label shall be supplied by the manufacturer and located as specified in 3282.362(c)(2)(i)(E).
(3) Transition certification labels that are damaged, destroyed, or otherwise made illegible or removed may be replaced by the manufacturer with new transition certification labels of a different serial number. They shall not be replaced by labels of the type described 3282.361(c).
(4) The wording of the transition label shall be as follows: AS EVIDENCED BY THIS LABEL NO. XXX (THE MANUFACTURER'S NAME) CERTIFIES THAT, TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THIS MOBILE HOME IS IN COMPLIANCE WITH THE FEDERAL MOBILE HOME CONSTRUCTION AND SAFETY STANDARDS IN EFFECT ON THE DATE OF MANUFACTURE. SEE DATA PLATE.
(e) The manufacturer shall furnish a data plate as specified in 3282.362(c)(3), except that after 'design approval by,' the manufacturer shall insert the term 'none.'
(f) The manufacturer acting under this section shall submit copies of designs to the Secretary or the Secretary's agent. Authority: Section 625 of the National Mobile Home Construction and Safety Standards Act of 1974, 42 USC 5424, and section 7(d), Department of Housing and Urban Development Act, 42 USC 3535(d).
3282.208. Remedial Actions--General Description.
(a) Notification. A manufacturer may be required to provide formal notice to mobile home owners and dealers, as set out in subpart I of this Part, if the manufacturer, the Secretary, or a State Adminstrative Agency determines under that subpart that an imminent safety hazard, serious defect, defect, or noncompliance exists or may exist in a mobile home produced by that manufacturer.
(b) Correction. A manufacturer may be required to correct imminent safety hazards and serious defects which the manufacturer or the Secretary determines under subpart I exist in mobile homes produced by the manufacturer. This correction would be carried out in addition to the sending of formal notice as described in paragraph (a).
(c) Cooperation. The manufacturer shall be responsible for working with the DAPIA, IPIA, any SAA, the Secretary, and the Secretary's agent as necessary in the course of carrying out investigations and remedial actions under subpart I.
(d) Avoidance of Formalities. The provisions for notification and required corrected outlined in paragraphs (a) and (b) of this section and described more fully in subpart I may be waived or avoided in certain circumstances under that subpart.
3282.209. Report Requirements.
The manufacturer shall submit reports to the PIAs, SAAs, and the Secretary as required by subpart L of these regulations.
3282.210. Payment of Monitoring Fee.
(a) Each manufacturer shall pay the monitoring fee established under 3282.455 and 3282.307 for each mobile home which it manufactures under the Federal standards.
(b) The monitoring fee shall be paid in the form of a check made payable to the Secretary or the Secretary's agent as follows:
(1) When the first set of labels is obtained from an IPIA under 3282.262(c)(2), the manufacturer shall give to the IPIA the required check in the amount of the number of labels received plus the number of mobile homes to which transition certification labels have been applied multiplied by the amount of the fee per mobile home.
(2) When the second set of labels is obtained, the manufacturer shall pay an amount equal to the number of labels received multiplied by the amount of the fee per mobile home, except that the manufacturer shall receive a credit equal to the amount paid by the manufacturer in the first payment which was greater than the amount determined by the number of mobile homes to which the labels were applied multiplied by the amount of the fee per mobile home. This credit results because the monitoring inspection fee is to be paid for each mobile home rather than for each transportable section of a mobile home.
(3) Each time a set of labels is obtained, the manufacturer shall make a payment as determined in paragraph (2) above, and if a credit is greater than the amount to be paid, the credit shall carry over until it is exhausted.
3282.211. Record of Purchasers.
(a) Information requirements for purchasers.
(1) Every manufacturer of mobile homes shall, for each mobile home manufactured under the Federal standards, provide with the mobile home a booklet containing at least 3 detachable cards as described in paragraph (a)(2) of this section. On the front of the booklet, in bold faced type, shall be printed the following language:
'Keep this booklet with your mobile home.
Title VI of the Housing and Community Development Act of 1974 provides you with protection against certain construction and safety hazards in your mobile home. To help assure your protection, the manufacturer of your mobile home needs the information which these cards, when completed and mailed, will supply. If you bought your home from a dealer, please be sure that your dealer has completed and mailed a card for you. If you acquired your home from someone who is not a dealer, you should promptly fill out and send a card to the manufacturer. It is important that you keep this booklet and give it to any person who buys the mobile home from you.'
(2) The detachable cards shall contain blanks for the following information:
(i) Name and address of the dealer or other person selling the mobile home to the purchaser;
(ii) Name and complete mailing address of the mobile home purchaser;
(iii) Address where the mobile home will be located, if not the same as item (ii);
(iv) Date of sale to the purchaser;
(v) Month, day and year of manufacture;
(vi) Identification number of the mobile home;
(vii) Model and/or type designation of the mobile home as provided by the manufacturer; and
(viii) A designation of the zones for which the mobile home is equipped, as set forth in Section 280.305 of Chapter II of this title.
Additionally, the cards shall have the name and address of the manufacturer printed clearly on the reverse side and shall contain adequate postage or business reply privileges to ensure return to the manufacturer. The manufacturer shall have the responsibility for filling in the blanks on the cards for items (v), (vi), (vii), and (viii).
(3) The manufacturer shall maintain all cards received so that the manufacturer has a readily accessible record of the current purchaser or owner and the current address of all mobile homes manufactured by it for which a card has been received.
Subpart F. Dealer and Distributor Responsibilities
3282.251. Scope and Purpose.
(a) This subpart sets out the responsibilities which shall be met by distributors and dealers with respect to mobile homes manufactured after the effective date of the standards for sale to purchasers in the United States. It prohibits the sale, lease, or offer for sale or lease of mobile homes known by the distributor or dealer not to be in conformance with the standards, and it includes responsibilities for maintaining certain records and assisting in the gathering of certain information.
(b) The purpose of this subpart is to inform distributors and dealers when they may sell mobile homes, when they are prohibited from selling mobile homes, and what they may do in order to prepare a mobile home for sale if it is not in conformance with the standards.
(c) For purposes of this Part, any manufacturer or distributor who sells, leases, or offers for sale or lease a mobile home to a purchaser shall be a dealer for purposes of that transaction.
3282.252. Prohibition of Sale.
(a) No distributor or dealer shall make use of any means of transportation affecting interstate or foreign commerce or the mails to sell, lease, or offer for sale or lease in the United States any mobile home manufactured on or after the effective date of an applicable standard unless:
(1) There is affixed to the mobile home a label certifying that the mobile home conforms to applicable standard as required by 3282.205(c), and
(2) The distributor or dealer, acting as a reasonable distributor or dealer, does not know that the mobile home does not conform to any applicable standards.
(b) This prohibition applies to any affected mobile homes until the completion of the entire sales transaction. A sales transaction with a purchaser is considered completed when all the goods and services that the dealer agreed to provide at the time the contract was entered into have been provided. Completion of a retail sale will be at the time the dealer completes set-up of the mobile home if the dealer has agreed to provide the set-up, or at the time the dealer delivers the home to a transporter, if the dealer has not agreed to transport or set up the mobile home, or to the site if the dealer has not agreed to provide set-up.
(c) This prohibition of sale does not apply to mobile homes which are placed in production prior to the effective date of the standards, and it does not apply to 'used' mobile homes which are being sold or offered for sale after the first purchase in good faith for purposes other than the resale.
3282.253. Removal of Prohibition of Sale.
(a) If a distributor or dealer has a mobile home in its possession or a mobile home with respect to which the sales transaction has not been completed, and the distributor or dealer, acting as a reasonable distributor or dealer, knows as a result of notification by the manufacturer or otherwise that the mobile home contains a failure to conform or imminent safety hazard, the distributor or dealer may seek the remedies available to him under 3282.415.
(b) When, in accordance with 3282.415, a manufacturer corrects a failure to conform to the applicable standard or an imminent safety hazard, the distributor or dealer, acting as a reasonable distributor or dealer, may accept the remedies provided by the manufacturer as having corrected the failure to conform or imminent safety hazard. The distributor or dealer, therefore, may sell, lease, or offer for sale or lease any mobile home so corrected by the manufacturer.
(c) When a distributor or dealer is authorized by a manufacturer to correct a failure to conform to the applicable standard or an imminent safety hazard and completes the correction in accordance with the manufacturer's instructions, the distributor or dealer may sell, lease or offer for sale or lease the mobile home in question, provided that the distributor or dealer, acting as a reasonable distributor or dealer knows that the mobile home conforms to the standards. A distributor or dealer and a manufacturer, at the manufacturer's option, may agree in advance that the distributor or dealer is authorized to make such corrections as the manufacturer believes are within the expertise of the dealer.
(d) If the corrections made under paragraphs (b) and (c) of this section do not bring the mobile home into conformance or correct the imminent safety hazard, the provisions of 3282.415 will continue in effect prior to completion of the sales transaction.
3282.254. Distributor and Dealer Alterations.
(a) If a distributor or dealer alters a mobile home in such a way as to create an imminent safety hazard or to create a condition which causes a failure to conform with applicable Federal standards, the mobile home affected may not be sold, leased, or offered for sale or lease.
(b) After correction by the distributor or dealer of the failure to conform or imminent safety hazard, the corrected mobile home may be sold, lease, or offered for sale or lease.
(c) Distributors and dealers shall maintain complete records of all alterations made under paragraphs (a) and (b) of this section.
3282.255. Completion of Information Card.
(a) Whenever a distributor or dealer sells a mobile home subject to the standards to a purchaser, the distributor or dealer shall fill out the card with information provided by the purchaser and shall send the card to the manufacturer. (See 3282.211)
(b) Whenever a distributor or dealer sells a mobile home to an owner which was originally manufactured under the standards, the distributor or dealer shall similarly use one of the detachable cards which was originally provided with the mobile home. If such a card is no longer available, the distributor or dealer shall obtain the information which the card would require and send it to the manufacturer of the mobile home in an appropriate format.
3282.256. Distributor or Dealer Complaint Handling.
(a) When a distributor or dealer believes that a mobile home in its possession which it has not yet sold to a purchaser contains an imminent safety hazard, serious defect, defect, or noncompliance, the distributor or dealer shall refer the matter to the manufacturer for remedial action under 3282.415. If the distributor or dealer is not satisfied with the action taken by the manufacturer, it may refer the matter to the SAA in the state in which the mobile home is located, or to the Secretary if there is no such SAA.
(b) Where a distributor or dealer receives a consumer complaint or other information concerning a mobile home sold by the distributor or dealer, indicating the possible existence of an imminent safety hazard, serious defect, defect, or noncompliance in the mobile home, the distributor or dealer shall refer the matter to the manufacturer.
Subpart G. State Administrative Agencies
3282.301. General--Scope.
This subpart sets out procedures to be followed and requirements to be met by States which wish to participate as State Administrative Agencies (SAA) under the Federal standards enforcement program. Requirements relating to State which wish to participate as primary inspection agencies under the Federal standards enforcement program are set out in Subpart H of this part. Requirements which States must meet in order to receive full or conditional approval as SAAs and the responsibilities of such agencies are set out in 3282.302. Reporting requirements for approved and conditionally approved SAAs are set out in Subpart L.
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, Office of Mobile Home Standards, Department of Housing and Urban Development, 451 Seventh Street, S.W., Washington, D.C. 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 mobile homes under subpart I of this part,
(4) A list of personnel who will carry out the State Plan,
(5) The number of mobile home manufacturing plants presently operating in the State,
(6) The estimated total number of mobile homes manufactured in the State per year,
(7) The estimated total number of mobile homes set up in the State per year, and
(8) A certifcation 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 designed State agency shall assure effective handling of consumer complaints and other information referred to it that relate to noncompliances, defects, serious defects, and imminent safety hazards as set out in subpart I of this Part, including the holding of hearings and presentations of views and the fulfilling all other responsibilities of SAAs as set out in that subpart I,
(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 mobile 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 USC 5410, except that civil penalties shall be payable to the State rather than to the United States,
(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 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 3282.405, or 3282.407, or for which the SAA has waived formal notification under 3282.405 or 3282.407, and (ii) a manufacturer's handling of consumer complaints and other information under 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 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 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 3282.303, which estimate shall be broken down by particular function and indicate the correlation between the estimate and the number of mobile homes manufactured in the State and the number of mobile 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 mobile homes shall be included with this estimate,
(12) Give satisfactory assurances that the State plan 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 given conditional approval if all of the requirements of the previous paragraphs except (b)(2), (b)(3), (b)(6), or (b)(13) are met. 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 programs as called for in its State plan. Conditional approval shall last a maximum of three years, by which time all requirements shall have been met for full approval, or conditional approval shall lapse.
(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.
(e) A State which wishes to act as an exclusive IPIA under 3282.352 shall so indicate in its State plan, and shall include in the information provided under subsection (b)(11) of this section, the fee schedule for its activities as an IPIA and the relationship between the proposed fees and the other information provided under that subsection.
The State shall submit to the Secretary before June 15, 1976, a Statement of its intent to act as an exclusive IPIA. It shall also submit its State Plan Application no later than July 15, 1976. The State shall also demonstrate in its State Plan Application that it has the present capability to act as an IPIA for all plants operating in the State. Where the intent to act as an exclusive IPIA is not indicated by June 15, 1976, the State may not act as an exclusive IPIA act for three years, from that date. A state so precluded may apply for exclusive IPIA status as of June 15, 1979. Where the State does not demonstrate that it has the present capability to act as an exclusive IPIA the State shall also be so precluded, unless the Secretary determines in the public interest that the State has an acceptable plan for meeting this requirement, in which case the State may act as an exclusive IPIA only when it has the required capability. 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.
3282.303. State Plan -Suggested Provisions.
The following are not required to be included in the State plan, but they are urged as necessary to provide full consumer protection and assurance of mobile home safety:
(a) Provision for monitoring of dealers' lots within the State for transit damage, seal tampering, and dealer performance generally,
(b) Provision of approvals of all alterations made to certified mobile homes by dealer in the State. Under this program, the State would assure that alterations did not result in the failure of the mobile home to comply with the standards,
(c) Provision for monitoring of the installation of mobile homes set up in the State to assure that the homes are properly installed and, where necessary, tied down,
(d) Provision for inspection of used mobile homes and requirements under State authority that used mobile homes meet a minimal level of safety and durability at the time of sale, and,
(e) Provision for regulation of mobile home transportation over the road to the extent that such regulation is not preempted by Federal authority.
3282.304. Inadequate State Plan.
If the Secretary determines that a State plan submitted under this subpart is not adequate, the designated State agency shall be informed of the additions and corrections required for approval. A revised State plan shall be submitted within 30 days of receipt of such determination. If the revised State plan is inadequate or if the State fails to resubmit within the 30 day period or otherwise indicates that it does not intend to change its State plan as submitted, the Secretary shall notify the designated State agency that the State plan is not approved and that it has a right to a hearing on the disapproval in accordance with Subpart D of this Part.
3282.305. State Plan Approval.
The Secretary's approval or conditional approval of a State Plan Application shall qualify that State to perform the functions for which it has been approved.
3282.306. Withdrawal of State Approval.
The Secretary shall, on the basis of reports submitted by the State, and on the basis of HUD monitoring, make a continuing evaluation of the manner in which each State is carrying out its State plan and shall submit the reports of such evaluation to the appropriate committees of the Congress. Whenever the Secretary finds, after affording due notice and opportunity for a hearing in accordance with Subpart D of this Part, that in the administration of the State program there is a failure to comply substantially with any provision of the State plan or that the State plan has become inadequate, the Secretary shall notify the State of withdrawal of approval or conditional approval of the State program. The State program shall cease to be in effect at such time as the Secretary may establish.
3282.307. Monitoring Inspection Fee Establishment and Distribution.
(a) Each approved State shall establish a monitoring inspection fee in an amount established by the Secretary. This monitoring inspection fee shall be an amount paid by each mobile home manufacturer in the State for each mobile home produced by the manufacturer in that State. In non-approved and conditionally-approved State, this monitoring inspection fee shall be set by the Secretary.
(b) The monitoring inspection fee shall be paid by the manufacturer to the Secretary or the Secretary's agent, who shall distribute the fees collected from all mobile home manufacturers among the approved and conditionally-approved States based on the number of new mobile homes whose first location after leaving the manufacturing plant is on the premises of the distributor, dealer, or purchaser in that State, and the extent of participation of the State in the joint team monitoring program set out in 3282.309(a).
3282.308. State Participation in Monitoring of Primary Inspection Agencies.
(a) An SAA may provide personnel to participate in joint monitoring of primary inspection agencies as set out in Subpart J. If an SAA wishes to do so, it must include in its State plan a list of what personnel would be supplied for the teams, their qualifications, and how many person-years the State would supply. All personnel will be suject to approval by the Secretary or the Secretary's agent. A person-year is 2,080 hours of work.
(b) If an SAA wishes to monitor the performance of primary inspection agencies acting within the State, it must include in its State plan a description of how extensively, how often, and by whom this will be carried out. This monitoring shall be coordinated by the Secretary, or the Secretary's agent with monitoring carried out by joint monitoring teams, and in no event shall an SAA provide monitoring where the State is also acting as a primary inspection agency.
3282.309. Hearings and Presentations of Views Held by SAAs.
(a) When an SAA is the appropriate agency to hold a hearing or presentation of views under 3282.407 of subpart I, the SAA shall follow the procedures set out in 3282.1512 and 3282.153, with the SAA acting as the Secretary otherwise would under that section. Where 3282.152 requires publication of notice in the Federal Register, the SAA shall, to the maximum extent possible, provide equivalent notice throughout the state by publication in a newspaper or newspapers having state-wide coverage or otherwise. The determination of whether to provide a presentation of views under 3282.153(f) or a hearing section under 3282.152(g) is left to the SAA.
(b) Notwithstanding the provisions of 3282.152(f)(2) and (g)(2) relating to the conclusive effect of a final determination, any party, in a proceding held at an SAA under this section, including specifically the owners of affected mobile homes, States in which affected mobile homes are located, consumer groups representing affected owners and manufacturers (but limited to parties with similar substantial interest) may appeal to the Secretary in writing any Final Determination by an SAA which is adverse to the interest of that party. This appeal on the record shall be made within 30 days of the date on which the Final Determination was made by the SAA.
Subpart H. Primary Inspection Agencies
3282.351. General.
(a) This subpart sets out the requirements which must be met by States or private organizations which wish to qualify as primary inspection agencies under these regulations. It also sets out the various functions which will be carried out by primary inspection agencies.
(b) There are four basic functions which are performed by primary inspection agencies:
((1) approval of the manufacturer's mobile home design to assure that it is in compliance with the standard, (2) approval of the manufacturer's quality control program to assure that it is compatible with the design (3) approval of the manufacturer's plant facility and manufacturing process to assure that the manufacturer can perform its approved quality control program and can produce mobile homes in conformance with its approved design, and (4) performance of ongoing inspections of the manufacturing process in each manufacturing plant to assure that the manufacturer is continuing to perform its approved quality control program and, with respect to those aspects of mobile homes inspected, is continuing to produce mobile homes in performance with its approved designs and in conformance with the standards (see 3282.362(c)(1)). (continued)