[Title 24 CFR 3282.7]
[Code of Federal Regulations (annual edition) - May 1, 2001 Edition]
[Title 24 - HOUSING AND URBAN DEVELOPMENT]
[Chapter Xx - OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING]
[Part 3282 - MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS]
[Subpart A - General]
[Sec. 3282.7 - Definitions.]
[From the U.S. Government Printing Office]
24HOUSING AND URBAN DEVELOPMENT52001-05-012001-05-01falseDefinitions.3282.7Sec. 3282.7HOUSING AND URBAN DEVELOPMENTOFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSINGMANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONSGeneral
Sec. 3282.7 Definitions.
The terms Department, HUD, and Secretary are defined in 24 CFR part
(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 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
(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
(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
(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
(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.
(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.
(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,
(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
(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
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.
(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.
(mm) 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
(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,